THE 


CONSPIRACY    TRIAL 


FOR   THE   MURDER   OF 


THE    PRESIDENT, 


AND  THE  ATTEMPT  TO  OVERTHROW  THE  GOVERNMENT  BY  THE 
ASSASSINATION  OF  ITS    PRINCIPAL    OFFICERS. 


EDITED,   WITH  AN  INTRODUCTION, 


BY    BEN:     PERLEY    POORE. 


^roiL..  n. 


BOSTON: 
J.    E.    TILTON    AND     COMPANY. 

-      18G5. 


Entered,  according  to  Act  of  Congress,  in  the  year  1865, 

By  J.  E.  TILTON    &    CO., 

In  the  Clerk's  OflBce  of  the  District  Court  of  the  District  of  Massachusetts. 


Stebeottped  bt  C.  J.  Peteks  axd  Son, 
13  Washington  Street,  Boston. 

Boston :  Printed  by  John  Wilson  &  Sou. 


?7        .      /Lb;  "5  g^^-^^.c«■<- 

THE    TRIAL. 


Q.    Did  he  seem  to  be  cutting  at  his  head  or  throat?  or  where? 

A.  He  seemed  to  be  cutting  down  around  his  neck.  The  first 
time  he  struck  at  him,  he  struck  him  on  the  right  cheek. 

Q.    Will  you  describe  how  he  held  the  knife,  and  struck  with  it  ? 

A.  The  knife  was  held  with  the  blade  down.  The  knife  was 
below  his  hand. 

Q.    Did  it  seem  to  be  a  large  knife? 

A.    Yes,  sir. 

Q,    Did  he  say  any  thing  at  all  while  stabbing  him  ? 

A.    I  did  not  hear  him  say  any  thing. 

Q.  Did  you  afterwards  observe  the  wounds  that  were  inflicted  by 
his  knife  ? 

A.    I  did. 

Q.  [Exhibiting  a  knife  to  the  witness.]  Look  at  that  knife,  and 
say  if  that  is  the  knife  that  he  used. 

A.  It  was  about  the  length  of  this ;  but  it  looked  as  though  it 
was  not  so  wide  as  this  one.  He  held  it  elevated  in  his  right  hand, 
with  the  blade  down. 

Q.  Will  you  mention  the  number,  and  describe  the  character,  of 
the  wounds  that  were  inflicted  on  Mr.  Seward  by  him  ? 

A.  There  was  one  cuttino;  his  face  from  the  rio-ht  cheek  down  to 
his  neck ;  and  then  there  was  another  cut,  or  perhaps  it  was  the 
same  one,  on  his  neck.  I  thought  at  the  time  that  it  was  done  by  the 
same  blow.  He  was  sitting  partially  up  in  bed  at  the  time.  I 
thought  both  cuts  were  made  at  once.  And  then  there  was  one  on 
the  left  side  of  the  neck. 

Q.    Three  wounds  in  all  ? 

3 


4  THE     TRIAL. 

A.  Yes,  sir,  that  I  noticed.  It  was  all  blood  when  I  saw  it ; 
and  I  do  not  know  but  that  there  may  have  been  more. 

Q.    Was  Mr.  Seward  in  his  bed  at  the  time? 

A.   He  was. 

Q.    From  what  cause  ? 

A.    From  beino;  thrown  from  his  camaoje. 

Q .    Were  one  or  more  of  his  limbs  broken  ? 

A.  I  was  told  that  one  of  his  arms  was  broken ;  he  had  it  band- 
aged up  :  and  his  jaw  was  fractured. 

Q.  While  being  stabbed,  did  Mr.  Seward  get  out  of  his  bed,  or 
did  he  remain  ? 

A.    He  remained. 

Q.    Did  he  receive  all  the  stabs  in  his  bed  ? 

A.    Yes,  sir. 

Q.    Did  he,  during  the  struggle,  roll  from  his  bed,  or  remain  in  it  ? 

A.  He  rolled  out  of  bed  after  we  had  left  the  bed.  When  I 
went  back  to  the  bed,  I  found  that  he  was  lying  on  the  floor. 

Q.  You  say  that  this  man,  during  the  whole  of  this  bloody  work, 
made  no  remark  at  all  ?  —  said  nothing  ? 

A.    I  did  not  hear  him  make  any  remark. 

Q.  When  he  came  out  of  the  room,  had  Frederick  Seward  risen 
from  the  floor  ?  or  was  he  still  on  it  ? 

A.    I  did  not  see  Frederick  down  at  all. 

Q.    Where  was  he  when  this  man  came  out? 

A.  The  first  I  saw  of  Frederick,  he  was  in  the  room  standino: 
up.  When  I  came  back  into  the  room,  he  was  inside  the  door, 
standing  in  the  room. 

Q.  With  what  did  this  man  strike  you?  You  say  he  knocked 
you  down  when  he  came  out  of  the  room  ? 

A.  He  struck  me  with  his  fist.  He  had  wound  his  arm  around 
my  neck  ;  but  he  let  me  go,  and  struck  me  with  his  fist. 

Q.    Did  he  immediately  go  down  the  stairway  then  ? 

A.   He  did. 

Q,    Did  you  see  him  encounter  Major  Seward  ? 

A.    I  did  not  see  that. 

Q.  After  he  left,  was  any  thing  picked  up  which  he  had  left 
behind  him  ? 


THE     TRIAL,  5 

A.    There  was  a  revolver,  or  parts  of  one. 

Q.    Was  any  part  of  his  clothes  —  his  hat  or  coat  —  left  behind  ? 

A.    His  hat  was  left.     The  first  I  saw  of  it  was  in  the  room. 

Q,  [Exhibiting  to  the  witness  a  slouch  felt  hat.]  Will  you  look 
at  that  hat,  and  see  if  you  recognize  it  ? 

A.  I  should  judge  that  to  be  the  hat :  I  did  not  take  particular 
notice  of  it.     It  looks  like  ihQ  hat  that  was  found  there. 

[The  hat  was  offered  in  evidence  without  objection.] 

Q.  Exhibiting  a  revolver  to  the  witness.]  Will  you  look  at  that 
revolver,  and  see  if  you  recognize  it  ? 

A.  That  is  the  revolver,  excepting  that  part  [the  ramrod,  which 
was  disconnected]  :  I  did  not  see  that  part. 

Q.    Is  that  the  revolver  which  was  picked  up  in  the  room  ? 

A.   Yes,  sir. 

[The  revolver  was  offered  in  evidence  without  objection.] 

Q.  The  Mr.  Seward  you  spoke  of  as  being  in  bed  was  William 
H.  Seward,  Secretary  of  State? 

A.   Yes,  sir. 

Q.    Did  Mr.  Seward  reside  at  that  time  in  Washington  City? 

A.    He  did. 

Q.    His  house,  of  which  you  spoke,  was  in  this  city  ? 

A.    Yes,  sir. 

At  the  request  of  General  Wallace,  an  orderly  was  directed  to 
place  the  hat  on  the  head  of  the  prisoner  Payne,  to  see  if  it  fitted 
him  or  not ;  which  was  done,  Payne  smiling  pleasantly. 

General  Wallace.    Does  it  fit  pretty  loose,  or  pretty  tight  ? 

The  Orderly.    Pretty  tight. 

Major  A.  H.  Seward, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q.    Are  you  or  not  the  son  of  the  Hon.  William    H.  Seward, 
Secretary  of  State  ? 
A.    I  am. 

1* 


6  THE      TRIAL. 

Q.    Were  yoa  or  not  at  his  home,  in  this  city,  on  the  night  of 
the  14th  of  April  last  ? 

A.    T  was. 

Q.  State  whether  or  not,  on  that  night,  any  one  of  tbe  prisoners 
at  the  bar  made  bis  appearance  at  that  house.     Look  at  them. 

A.  Yes,  sir :  I  saw  this  large  man,  with  no  coat  on,  that  night 
[pointing  to  Lewis  Payne]. 

Q.    State  all  the  circumstances  attending  your  meeting  with  him. 

A.  I  retired  to  bed  at  half-past  seven  on  the  night  of  the  14th, 
with  the  understanding  that  I  would  be  called  about  eleven  o'clock 
to  sit  up  with  my  father.  I  very  shortly  fell  asleep,  and  so  remained 
until  awakened  by  the  screams  of  my  sister ;  when  I  jumped  out  of 
bed,  and  ran  into  my  father's  room  in  my  shirt  and  drawers.  The 
gas  in  the  room  was  turned  down  rather  low ;  and  I  saw  what 
appeared  to  me  to  be  two  men,  one  trying  to  hold  the  other,  at  the 
foot  of  my  father's  bed.  I  seized,  by  the  clothes  on  bis  breast,  the 
person  who  was  held,  supposing  it  was  my  father,  delirious  ;  but, 
immediately  on  taking  hold  of  him,  I  knew  from  his  size  and 
strength  that  it  was  not  my  father.  The  thought  then  struck  me 
that  the  nurse  bad  become  delirious,  and  was  sticking;  about  tbe 
room  at  random.  Knowing  the  delicate  state  of  my  father,  I  shoved 
the  person  of  whom  I  had  hold  to  the  door,  with  the  intention  of 
getting  him  out  of  the  room.  While  I  was  pushing  him,  he  struck 
me  five  or  six  times  on  the  forehead  and  top  of  the  head,  and  once 
on  the  left  hand,  with  what  I  supposed  to  be  a  bottle  or  decanter 
that  he  had  seized  from  the  table.  During  this  time,  he  repeated,  in 
an  intense  but  not  strong  voice,  tbe  words,  "  I'm  mad,  I'm  mad  !  " 
On  reaching  the  hall,  he  gave  a  sudden  turn,  and  sprang  away  from 
me,  and  disappeared  down  stairs.  While  in  the  vicinity  of  tbe  door 
of  my  father's  room,  as  I  was  pushing  him  out,  when  he  came  oppo- 
site where  tbe  light  of  the  hall  shone  on  him,  I  saw  by  the  light  in 
tbe  ball  that  he  was  a  very  large  man,  dark  straight  hair,  smooth 
face,  no  beard  ;  and  I  bad  a  view  of  the  expression  of  bis  counte- 
nance, —  a  short  view,  of  course.  I  then  went  into  my  room,  and  got 
my  pistol.  It  may  possibly  have  taken  me  a  minute,  as  it  was  in 
the  bottom  of  my  carpet-bag,  to  find  it.  I  then  ran  down  to  the 
front  door,  intending  to  shoot  the  person  if  he  attempted  to  return. 


THE     TRIAL.  7 

While  standing  at  the  door,  the  servant-boj  came  back,  and  said  the 
man  had  ridden  off  on  a  horse,  and  attacked  the  persons  in  the 
house  with  a  knife.  I  then  realized  for  the  first  time  that  the  man 
was  an  assassin  who  had  entered  the  house  for  the  purpose  of  mur- 
dering my  father. 

Q.    Did  you  then  return  to  your  father's  room  ? 

A.  I  suppose  it  was  five  minutes  before  I  went  back  to  my 
father's  room.  Quite  a  large  crowd  came  around  the  door.  I  sent 
for  the  doctors,  and  got  somebody  to  keep  the  crowd  off  before  I 
went  up  to  the  room.  It  might  not  have  been  five  minutes,  but 
certainly  three,  before  I  got  back  :  I  think,  nearer  five. 

Q.  Did  you  examine,  on  your  return,  the  number  and  character 
of  the  wounds  given  to  your  father,  and  to  your  brother,  Frederick  W. 
Seward  ? 

A.  No,  sir  :  I  did  not  examine  them  that  night.  I  was  injured 
pretty  badly  myself,  I  found,  when  I  got  up  stairs  again.  I  had  a 
handkerchief  tied  around  my  head.  After  my  father's  wounds  were 
dressed,  I  suppose  about  an  hour,  and  after  my  own  head  had  been 
bandaged,  I  went  in  and  saw  my  father  then,  and  saw  that  he  had 
one  very  large  gash  on  his  right  cheek,  near  the  neck,  besides  a  cut 
on  his  throat  on  the  right-hand  side,  and  one  under  the  left  ear.  I 
did  not  examine  my  brother's  wounds  :  in  foot,  I  went  into  his  room 
but  for  a  short  time  that  night.  I  did  not  know  how  badly  hurt  he 
was.  The  next  day  he  was  insensible,  and  so  remained  ;  and  it 
was  four  or  five  days  before  I  saw  what  his  wounds  were. 

Q.    What  were  they  when  you  discovered  them  ? 

A.  Two  wounds,  —  one  on  the  scalp,  that  was  open  to  the  brain ; 
and  another  one  over  the  ear.  After  they  took  the  pieces  of  frac- 
tured skull  out,  it  left  the  covering  of  the  brain  open. 

Q.    Did  your  brother  receive  any  stab  from  a  knife  ? 

A.  I  never  saw  any  thing  of  my  brother  during  the  whole  time 
until  it  was  over. 

Q.  Would  the  wounds  indicate  that  a  knife  had  been  used,  or 
simply  a  bludgeon  ? 

A.  I  could  not  tell  ;  but  the  surgeons  seemed  to  think  it  was  the 
hammer  of  a  pistol  that  had  done  it.     It  was  such  a  wound  that  I 


8  THE     TRIAL. 

should  have  supposed  myself  could  have  been  made  by  a  knife ;  but 
they  seemed  to  judge  it  was  made  by  the  hammer  of  a  pistol. 

Q.    Did  you  see  the  pistol  which  was  picked  up  in  the  room  ? 

A.  I  did  not  see  it.  I  knew  it  was  in  the  house ;  but  it  was 
taken  away. 

Q.    Did  you  see  any  article  of  clothing  ? 

A.  .1  saw  the  hat. 

Q.    Would  you  recognize  it  ? 

A.    I  think  I  should. 

Q.  [Exhibiting  to  the  witness  the  hat  which  is  marked  Exhibit 
No.  49.]     Is  that  it  ? 

A.    I  am  quite  certain  that  is  the  hat. 

Q.    That  was  picked  up  in  the  room  after  the  man  left  ? 

A.  Yes,  su' :  I  saw  the  hat  in  the  room.  It  was  picked  up,  and 
put  in  a  bureau-drawer ;  and  it  was  taken  out  of  the  bureau-drawer 
and  shown  to  me  the  next  day.     I  did  not  see  it  that  night. 

Q.   You  say  you  supposed  he  was  striking  with  a  decanter  ? 

A.  At  that  time,  I  supposed  it  was  the  nurse.  I  did  not  have 
any  idea  of  what  the  man  was  at  until  he  was  out  of  the  house.  It 
was  something  that  he  cut  with ;  but,  not  having  any  idea  that  it  was 
a  man  with  a  knife,  I  did  not  think  any  thing  about  it. 

Q.  I  understand  you  to  say  that  it  was  with  a  knife  you  were 
struck  ? 

A.  The  surgeons  think  so ;  and  I  supposed  so  myself,  after  the 
boy  told  me  who  the  man  was,  and  what  he  had  been  doing  :  but,  at 
the  time,  I  supposed  I  was  being  struck  by  a  bottle  or  decanter.  I 
supposed  it  was  the  nurse  had  got  delirious  sitting  up  there,  did  not 
know  what  he  was  about,  and  was  probably  striking  about  the  room 
at  any  one. 

Q.  Do  you  feel  entirely  satisfied  that  the  prisoner  at  the  bar, 
Payne,  is  the  same  man  who  was  there  ? 

A.    I  do. 

Cross-examined  by  Mr.  Doster  : 

Q.  Be  good  enough  to  state  to  the  Court  whether  this  is  the  first 
time  you  have  seen  the  prisoner  since  the  evening  you  have  de- 
scribed. 


THE     TRIAL.  9 

A.  No,  sir :  I  saw  him  on  board  the  monitor  the  next  day  after 
he  was  taken. 

Q.    Did  you  identify  him  then  ? 

A.   Yes,  sir. 

Q.    Please  state  the  circumstances  of  the  identification. 

A.  He  was  brought  up  on  the  deck  of  the  monitor ;  and  I  took 
hold  of  him  the  same  way  I  had  hold  of  him  when  I  shoved  him  out 
of  the  room ;  and  I  looked  at  his  face,  and  he  had  the  same  appear- 
ance in  every  way  that  he  had  the  few  moments  that  I  saw  him  by 
the  light  in  the  hall,  —  his  size,  his  proportions,  smooth  face,  no 
beard ;  and  when  he  was  made  to  repeat  the  words,  "  I'm  mad,  I'm 
mad !  "  I  recognized  the  same  voice,  varying  only  in  the  intensity. 

R.  C.  Morgan, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

By  the  Judge  Advocate  : 

Q.  State  whether  or  not,  on  the  17th  or  18th  of  April  last,  you 
were  in  the  service  of  the  Government  here,  and  in  what  capacity. 

A.  I  was  in  the  service  of  the  War  Department,  acting  under 
the  orders  of  Colonel  Olcott,  special  commissioner  of  that  depart- 
ment. 

Q.  "Will  you  state  whether,  on  one  or  both  those  days,  you  had 
possession  of  the  house  of  the  prisoner,  Mrs.  Surratt,  in  this  city  ? 

A.   Yes,  sir. 

Q.    State  where  that  house  is. 

A.    541  H  Street, "in  Washington  City. 

Q.  State  under  what  circumstances  you  took  possession  of  the 
house,  and  what  occurred  while  you  were  there. 

A.  About  twenty  minutes  past  eleven  o'clock  on  the  evening  of 
the  17th  of  April,  Colonel  Olcott  gave  me  instructions  to  go  to  the 
house,  541  H  Street,  Mrs.  Surratt's,  and  superintend  the  seizing  of 
papers  and  the  arrest  of  the  inmates  of  the  house.  I  proceeded 
down  there  ;  arrived  there  about  half-past  eleven  o'clock ;  had  been 
there  about  ten  minutes ;  found  Major  Smith,  Captain  Werraerskirch, 
and  some  other  ofiicers,  who  had  arrested  the  inmates  of  the  house ; 


10  THE     TRIAL. 

and  tbey  were  in  tbe  parlor ;  they  were  about  ready  to  go  up.  I 
Lad  sent  out  an  order  for  a  can-iage  to  take  up  tbe  women  found  in 
tbe  bouse ;  and  I  beard  a  knock  and  a  ring  at  tbe  door  :  at  tbe  same 
time,  Captain  Wermcrskireb  and  myself  stepped  foi-ward,  and  opened 
tbe  door.  Allien  we  opened  tbe  door,  tbe  prisoner  Payne  [point- 
ing to  Lewis  Payne]  came  in  with  a  pickaxe  over  bis  shoulder, 
dressed  in  a  gray  coat,  gray  vest,  black  pants,  and  a  bat  made  out 
of,  I  should  judge,  tbe  sleeve  of  a  shirt  or  tbe  leg  of  a  drawer.  As 
soon  as  be  came  in,  I  immediately  closed  the  door.  Said  be,  "I 
guess  I  am  mistaken."  Said  I,  "  Whom  do  you  want  to  see  ?  " 
"  Mrs.  Surratt,"  said  he.  "  You  are  right :  walk  in."  He  took  a 
seat ;  and  I  asked  him  what  he  came  there  at  this  time  of  night  for. 
He  said  he  came  to  dio;  a  e^utter  :  Mrs.  Surratt  had  sent  for  him.  I 
asked  him  when.  He  said,  "  In  the  morning."  I  asked  him  when 
she  had  sent  for  him ;  where  be  last  worked.  He  said,  "  Sometimes 
on  I  Street."  I  asked  him  where  he  boarded.  He  said  be 
bad  no  boarding-house ;  be  was  a  poor  man,  who  got  bis  living 
with  the  pick.  I  put  my  hand  on  tbe  pickaxe  while  talking  to  him. 
Said  I,  "  How  much  do  you  make  a  day?  " —  "  Sometimes  nothing 
at  all,  sometimes  a  dollar,  sometimes  a  dollar  and  a  half."  Said  I, 
*'  Have  you  any  money  ?  "  — "  Not  a  cent."  I  asked  him  why  be 
came  at  this  time  of  night  to  go  to  work.  He  said  be  simply  called 
to  find  what  time  be  should  go  to  work  in  tbe  morning.  I  asked 
him  if  he  bad  any  previous  acquaintance  with  Mrs.  Surratt.  He 
said,  "  No."  Then  I  asked  him  why  she  had  selected  him.  He  said 
she  knew  he  was  working  around  tbe  neighborhood  and  was  a  poor 
man,  and  came  to  him.  'I  asked  him  bow  old  be  was.  He  said, 
"  About  twenty."  I  asked  him  where  be  was  from.  He  said  be 
was  from  Fauquier  County,  Ya.  Previous  to  this,  be  pulled 
out  an  oath  of  allegiance  ;  and  on  tbe  oath  of  allegiance  was  "  Lew- 
is Payne,  Fauquier  County,  Ya."  I  asked  him  if  he  was  from 
the  South.  He  said  be  was.  I  asked  him  when  he  left  there. 
**  Some  time  ago."  He  said,  I  think,  two  months  ago ;  in  tbe  month 
of  February.  I  think  he  said.  I  asked  him  what  be  left  for.  He 
said  he  would  have  to  go  into  the  army  ;  and  be  preferred  earning 
bis  Hving  by  the  pickaxe.      I  asked  him  if  he  could  read.     He 


THE     TRIAL.  11 

said,  "  No."  I  asked  him  if  he  could  write.  He  said,  "  He  could 
manaoe  to  write  his  name." 

Q.  Is  that  the  pickaxe  which  he  had  on  his  shoulder  ?  [Sub- 
mitting a  pickaxe  to  the  witness.] 

A.    Yes,  sir. 

[The  pickaxe  was  offered  in  evidence  without  objection.] 

I  then  told  him  he  would  have  to  go  up  to  the  Provost  Marshal's 
office,  and  explain.  He  moved  at  that,  and  did  not  answer.  The 
carriao^e  had  returned  then  that  had  taken  off  the  women  ;  and  I  or- 
dered  Thomas  Samson  and  Mr.  Rosch  to  take  him  up  to  the  Provost 
Marshal's  office.  He  was  taken  up  by  these  two  officers,  and  then 
searched.  I  then  proceeded,  with  Major  Smith  and  Captain  Wer- 
merskirch,  to  search  through  the  house  for  papers ;  and  remained 
there  until  three  o'clock  in  the  morning,  searching  for  papers. 

Q.    Had  Mrs.  Surratt  left  before  he  came  in,  or  afterwards  ? 

A.  No :  they  were  all  prepared  to  leave,  in  the  parlor.  Mrs. 
Surratt  was  directed  to  get  the  bonnets  and  shawls  of  the  rest  of  the 
persons  in  the  house,  so  that  they  could  not  communicate  with  each 
other.  She  did  so  ;  and  they  were  just  ready  to  go,  and  had  started, 
as  we  opened  the  door,  and  heard  the  knock ;  and  we  passed  them 
out  at  the  time  we  let  him  within.  He  just  got  in  before  they 
stepped  out. 

Q.    She  did  not  see  him,  then,  before  she  left  ? 

A.  Yes,  sir  :  she  must  have  seen  him  as  she  passed  out ;  for,  just 
as  she  was  passing  out,  he  passed  right  in. 

Q.    You  had  no  conversation  with  her  in  regard  to  him  ? 

A.    No,  sir. 

Q.    Will  you  state  what  papers  you  found  there  ? 

A.    We  found  several  letters. 

Q.  I  understand  you  to  say  that  Mrs.  Surratt  was  not  in  his 
presence  in  the  house  ? 

A.    No  more  than  passing  out :  she  must  have  seen  him. 

Q.    No  conversation  occm-red  ? 

A.    No,  sir. 

Q.  [Handing  an  envelope  containing  photographic  pictures.] 
Examine  these  papers,  and  state  whether  they  ai-e  what  you  found 
there. 


12  THE     TRIAL. 

A.  Yes,  sir :  I  found  them  all  in  the  house  of  IMrs.  Surratt, 
541  H  Street. 

Q.    Did  you  find  there  the  photograph  of  J.  Wilkes  Booth  ? 

A.  No,  sir.  The  next  morning,  I  went  down  to  the  house  ;  and 
the  officer  in  charge,  who  had  been  sent  down  at  four  o'clock, 
showed  me  the  photograph  of  J.  Wilkes  Booth,  with  his  name  on 
the  back  of  it ;  and  the  officer  said  he  had  found  it  behind  a  pic- 
ture in  the  house.  I  told  him  he  should  turn  it  over  at  once  to  the 
Provost  Marshal ;  and  he  did  so.  I  found  a  carte  de  visite  of  Jef- 
ferson Davis,  Beauregard,  Alexander  H.  Stephens,  and  Beauregard 
again,  in  the  house.     These  are  in  the  envelope  now  shown  to  me. 

[The  contents  of  the  envelope  were  offered  in  evidence  without 
objection  ;  being  two  photographs  of  General  Beauregard,  one  of 
Jefferson  Davis,  one  of  Alexander  H.  StejDhens,  and  also  a  card 
with  the  arms  of  the  State  of  Virginia,  and  two  Confederate  flags 
emblazoned  thereon,  with  the  inscription,  — 

"  Thus  will  it  ever  be  with  tyrants; 
Virginia  the  mighty; 
Sic  Semper  Tyrannis.^^l 

Q.  Give  the  full  name  of  the  man  who  found  the  photograph  of 
Booth. 

A.    I  think  his  name  was  Lieutenant  Dempsey. 

Q.    Were  you  not  afterwards  at  the  Provost  Marshal's  office? 

A.  About  three  o'clock  in  the  morning,  we  got  through  our 
search ;  and  I  went  up  with  the  papers  to  the  Provost  Marshal's 
office,  and  there  saw  the  prisoner  Payne  in  irons. 

Q.    Was  Mrs.  Surratt,  the  prisoner,  there  ? 

A.  Mrs.  Surratt  had  been  taken  up  to  the  old  Capitol,  I  think, 
before  my  arrival. 

Q.  Have  you  heard  Mrs.  Surratt  say  any  thing  in  regard  to  the 
prisoner  Payne  at  any  time  ? 

A.    No,  sii\ 

Cross-examined  by  IMr.  Aiken  : 

Q.  Whereabouts  in  the  room  was  the  photograph  of  Booth 
found  ? 

A.    I  cannot  say.     I  did  not  find  it. 


THE     TRIAL.  13 

Q.  Have  you  not  been  in  the  habit  of  seeing  exhibited  in  the 
windows  of  bookstores,  about  the  streets,  photographs  of  Booth  for 
sale  ? 

A.  I  never  had  seen  any  of  them  before  he  assassinated  the 
President. 

Q.  Have  you  not  seen  the  photographs  of  Jefferson  Davis  and 
other  prominent  leaders  of  the  Rebellion  exhibited  for  sale  at  differ- 
ent stores  ? 

A.    I  never  had  any  in  my  hand  until  I  had  these. 

Q.  Do  you  not  know,  from  your  own  knowledge,  that  such  pic- 
tures have  been  offered  for  sale  in  different  bookstores,  and  that  it 
is  a  common  thing  for  people  to  have  them  ? 

A.  I  have  not  seen  people  have  them  since  the  Rebellion. 
They  might  have  had  before. 

Q.  Since  the  assassination  of  President  Lincoln,  has  it  not  been 
a  common  thing  to  see  the  photograph  of  Booth  about  ? 

A.    If  it  has,  I  have  never  seen  it.- 

Q.  Have  you  not  seen  it  in  the  possession  of  different  individ- 
uals ? 

A.    Never. 

Q.    "Where  was  the  photogi^aph  of  Alexander  H.  Stephens  found  ? 

A.  It  was  found  in  the  house,  but  as  to  what  room  I  cannot 
state  positively ;  but  I  think  it  was  found  in  the  back  room  of  the 
parlor. 

Q.  Was  it  not  found  in  a  travelling-sack, — a  common  leather 
bag  ? 

A.    No,  sir  :  I  am  positive  of  that. 

Q.    Were  any  other  of  these  pictures  found  in  that  bag? 

A.  No,  sir :  they  were  found  in'  portfolios,  or  on  the  mantle- 
pieces. 

Q.  You  state  that  you  never  have  seen,  in  the  possession  of  peo- 
ple whose  loyalty  has  never  been  questioned,  photographs  of  promi- 
nent leaders  in  the  Rebellion  ? 

A.  No,  sir  :  not  among  the  people  I  have-associated  with  have 
I  ever  seen  them. 

Q.  You  state  that  Mrs.  Surratt  made  no  remarks  with  reference 
to  Payne  ? 

VOL.  II.  2 


14  THE     TRIAL. 

I 

A.  As  she  passed  out,  — it  comes  to  my  recollection  now,  — I 
heard  her  mutter  something.  I  did  not  know  what  it  was :  the 
men  who  took  her  up  told  me  afterwards. 

Mr.  Aiken.     You  need  not  state  that. 

Q.  Did  you  examine  a  travelling-bag  that  was  taken  from  the 
house  ? 

A.  No,  sir :  we  took  a  travellin2:-bao;,  but  did  not  examine  it  at 
the  house,  because  we  had  no  key  to  open  it. 

Q.    Did  you  examine  it  after  you  left  the  house  ? 

A.    Yes,  sir. 

Q.  TTas  not  the  photograph  of  Alexander  H.  Stephens  exhib- 
ited to  you  here  to-day  found  in  the  bag  ? 

A.    No,  sir  :  not  a  thinor  found  in  it. 

Q.    Xot  a  thing  found  in  the  bag? 

A.  Xot  an  article.  I  saw  it  when  it  was  opened  at  the  Provost 
Marshal's  office,  and  assisted  in  opening  it. 

^Iajor  W.  H.  Smith, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q,  State  whether  or  not,  on  the  night  of  the  17th  of  April  last, 
you  were  at  the  office  of  the  Provost  Marshal  of  this  city,  when 
the  prisoner  ]Mrs.  Surratt  was  brought  there,  and  the  prisoner 
Pajne. 

A.    I  was  not. 

Q.    Did  you  see  them  there  afterwards? 

A.    No,  sir. 

Q.  Were  you  at  ^Irs.  Surratt's  house  while  it  was  in  the  occupa- 
tion of  the  authorities  ? 

A.  Yes,  sir  :  I  was  in  charge  of  the  party  that  took  possession 
of  the  house. 

Q.    Did  you  make  any  inquiry  of  her  in  regard  to  him  ? 

A.  After  questioning  Payne  in  regard  to  his  occupation,  and 
what  business  he  had  at  the  house  that  night,  he  stated  that  he  was 


THE     TRIAL.  15 

a  laborer ;  that  lie  came  there  to  dig  a  gutter  at  the  request  of 
Mrs.  Surratt.  I  stepped  to  the  door  of  the  parlor,  and  said,  "  Mrs. 
Surratt,  will  you  step  here  a  minute?"  jMts.  Surratt  stepped 
there.  Said  I,  "Do  you  know  this  man?"  She  said,  raising 
her  right  hand,  "  Before  Grod,  sir,  I  do  not  know  this  man ;  and  I 
have  never  seen  him."  I  then  placed  Payne  under  arrest,  and 
told  him  he  was  so  suspicious  a  character,  that  I  would  send  him  to 
Colonel  Wells's  or  General  Augur's  headquarters  for  further  exami- 
nation. 

Q.    He  was  standing  in  full  view  of  her  when  she  said  so? 

A.    Yes,  sir  ;  within  three  paces  of  her. 

Q.    That  was  Mrs.  Surratt,  the  prisoner  at  the  bar  ? 

A.  Yes,  sir :  if  the  lady  will  raise  her  veil,  I  can  be  certain. 
[3Iary  E.  Surratt  then  raised  her  veil,  which  had  covered  her  face.] 
The  prisoner  at  the  bar  is  the  person. 

Cross-examined  by  3Ir.  Aiken  : 

Q.  Did  you  examine  a  bag  taken  from  Mrs.  Surratt's  house  ? 

A.  I  saw  the  bag,  but  did  not  examine  it. 

Q.  Did  you  see  it  opened  ? 

A.  The  bag  was  not  examined  in  my  presence. 

Q.  Did  you  find  any  photographs  in  the  house  ? 

A.  A  larsre  number  of  them. 

o 

Q.    What  were  they? 

A.  They  were  of  various  descriptions.  It  would  be  impo.ssible 
to  tell,  out  of  such  a  number,  what  they  all  were. 

Q.  Did  you  find  a  photograph  of  Jefierson  Davis,  and  one  of 
Alexander  H.  Stephens,  in  the  house  ? 

h..    I  do  not  remember  whether  we  did  or  not. 

Q.  Are  you  aware  or  not  that  it  is  a  common  thing  for  news- 
paper-dealers, and  keepers  of  bookshops,  to  advertise  for  sale,  and 
to  sell,  photographs  of  the  leaders  of  the  Rebellion  ? 

A.    I  am  not.     I  have  never  given  such  things  my  attention. 

Q.    Have  you  never  seen  them  exposed  for  sale  ? 

A.    I  cannot  say  that  I  have. 

Q.  Have  you  seen  the  photograph  of  Booth  in  the  possession 
of  people  supposed  to  be  loyal  ? 


16  THE     TRIAL. 

A.  Yes,  sir  :  a  great  many  of  them,  but  only  those  to  whom 
they  have  been  given  shice  this  trial. 

Q.  Are  you  aware  or  not  that  it  is  a  very  common  thing  for 
photographs  of  eminent  actors  to  be  published,  and  scattered  broad- 
cast for  sale  over  the  country  ? 

A.    I  am,  of  eminent  actors. 

Q.  Will  you  state  distinctly  again  whether  or  not  you  know 
where  these  photographs  were  found  ? 

A.  They  were  found  in  various  parts  of  the  house,  No.  541  H 
Street. 

Q.    Whereabouts?     In  any  particular  place ? 

A.  They  were  found  in  a  photograph-album,  in  one  instance,  on 
the  mantle-piece  in  the  front  parlor. 

Q.    What  was  in  the  photograph-album  ? 

A.    Photographs. 

Q.    Of  whom? 

A.  Different  people,  —  people  with  whom  I  was  not  acquainted 
at  all. 

Q.  You  cannot  tell  whether  they  were  photographs  of  Alex- 
ander H.  Stephens,  of  Judah  P.  Benjamin,  or  the  Assistant  Secre- 
tary of  State  of  the  Rebellion  there,  or  any  of  those  persons  ? 

A.    I  could  not,  not  being  acquainted  with  those  gentlemen. 

Q.    Did  you  find  photographs  of  females  in  the  album  ? 

A.    Plenty  of  them. 

Q.    Did  you  take  them  to  be  mere  family  pictures? 

A.  It  was  impossible  for  me  to  judge :  I  never  gave  them  a 
thought. 

Q.  Have  you  any  recollection  of  a  black  travelling-bag  that  was 
found  in  that  house  ? 

A.    Yes,  sir. 

Q.    Where  did  you  find  that  ? 

A.  That  was  found  in  the  back  room  on  the  first  floor,  supposed 
to  be  Mrs.  Surratt's  bed-room. 

Q.  Have  you  ever  learned  any  thing  of  the  contents  of  that 
bag? 

A.    No,  sir  :  I  have  not. 

Q.    What  was  transpiring  in  the  house  at  the  time  Mrs.  Surratt 


\  THE     TRIAL.  17 

made  the  asseveration  to  wliicli  you  refer  in  regard  to  her  knowl- 
edge of  Payne  ? 

A.  The  man  Payne  had  just  come  in  at  the  front  door ;  and  I 
was  questioning  him  at  the  time  in  regard  to  what  he  was  ;  what  his 
profession  was,  if  he  had  any ;  and  what  business  he  had,  at  that 
hour  of  the  night,  to  come  to  a  private  house. 

Q.    How  was  Payne  dressed  at  that  time  ? 

A.  Payne  was  dressed  in  a  gray  coat,  black  pantaloons,  and 
rather  a  fine  pair  of  boots.  He  had  on  his  head  a  gray  shirt-sleeve, 
hanging  over  at  the  side. 

Q.    A  shirt-sleeve  on  his  head  ? 

A.   Yes,  sir  :  a  cut  shirt. 

Q.    Were  his  pantaloons  tucked  into  his  boots  ? 

A.  Yes,  sir :  they  were  rolled  up  over  the  tops  of  them,  on  one 
leg  only,  I  beUeve. 

Q.  He  did  not  strike  you  at  that  time  as  being  a  gentleman 
from  his  looks  and  appearance  ? 

A.   Not  particularly  so. 

Q.    His  appearance  was  in  no  wise  genteel  ? 

A.   Not  at  all. 

Q.  Is  it  your  opinion  that  any  one  would  recognize  a  person  in 
that  garb,  in  that  dress,  who  had  seen  him,  if  he  ever  did  see 
him,  well  dressed,  with  such  a  thing  as  that  on  his  head? 

A.  That,  to  the  best  of  my  belief,  was  the  thing,  the  sleeve  he 
had  on  his  head  at  the  time  he  was  arrested,  the  end  similar  to  a 
tassel. 

Q.  Do  you  think  you  would  recognize  a  person  fixed  up  in  that 
way,  with  that  shirt-sleeve  on  his  head,  and  a  pickaxe  ? 

A.    I  most  certainly  should. 

Q.  A  person  you  had  been  in  the  habit  of  seeing  dressed 
genteelly  ? 

A.   Certainly. 

Q.    What  remark  did  you  make  to  ^Irs.  Surratt  when  you  were 
about  leaving  the  house  ? 
,    A.    I  made  none  when  I  was  leaving  the  house. 

Q.    Did  you  say  any  thing  about  being  ready  ? 

A.    I  said  nothing  at  all.     I  told  her  to  get  ready. 
2* 


18  THE     THIAL. 

Q.    Wliat  was  her  attitude  at  that  time? 

A.    At  which  particular  time  do  you  mean? 

Q.    At  the  time  you  told  her  to  get  ready  ;  you  were  going. 

A.    She  was  seated  in  a  chair  in  the  front  parlor. 

Q.    Was  she  not  kneeling  ? 

A.    She  was  not. 

Q.  Who  was  present  with  you  at  the  time  this  asseveration  was 
made  that  she  knew  nothing  of  that  man  ? 

A.  Captain  Wermerskirch  and  ]Mr.  Morgan,  two  of  my  subordi- 
nates in  the  party. 

Q.    Is  that  all  the  remark  she  made  about  Payne  ? 

A.   That  was  all  the  remark  she  made  in  my  hearing. 

Q.  Now,  once  more,  do  not  you  know  that  it  is  a  common  thing 
for  loyal  people  to  have  in  their  possession  photographs  of  the  leaders 
of  the  Eebellion  ? 

A.    I  know  some  that  have  those  pictures. 

By  the  Judge  Advocate  : 

Q.  Do  you  know  of  a  photograph  of  J.  Wilkes  Booth  having 
been  found  in  that  house  ? 

A.    I  do  not.     There  was  none  found  while  I  was  there. 

Q.  When  you  called  to  Mrs.  Surratt  to  come  and  look  at  Payne, 
who  had  just  entered  the  house,  you  say  she  was  seated  in  the 
parlor  ? 

A.    Yes,  sir. 

Q.  Did  you  ask  her  directly  whether  she  knew  this  man,  or  had 
seen  him  before  ? 

A.  I  did  immediately.  I  said,  "  Mrs.  Surratt,  will  you  please 
step  to  the  door?"  She  stepped  to  the  door ;  and  I  said,  "  Do  you 
know  this  man  ?  and  did  you  hire  him  to  come  and  dig  a  gutter  for 
you?"  As  I  said  before,  she  raised  her  right  hand,  and  said, 
"  Before  God,  I  do  not  know  this  man,  and  have  never  seen  him, 
and  did  not  hire  him  to  dig  a  gutter  for  me." 

Q.    Did  he  make  any  remark  ?  " 

A.    He  said  nothing ;  but  I  immediately  arrested  him. 

By  Mr.  Aiken  : 

Q.    ]\Irs.  Surratt  did  not  attempt  to  evade  the  question  in  any  way? 


THE     TRIAL.  19 

A.    No,  sir  :  her  answer  was  direct. 

Q.    Was  it  light  in  the  hall  at  that  time  ? 

A.    Yes,  sir  :  very  light.     The  gas  was  turned  on  at  full  head. 

By  the  Judge  Advocate  : 

Q.    How  was  he  dressed  at  that  time? 

A.    A  gray  coat  and  black  pantaloons.     I  did  not  see  the  vest. 
Q.    [Exhibiting  to  the  witness  the  brown  and  white  mixed  coat 
marked  Exhibit  No.  54.]     Is  that  the  coat  he  had  on  ? 
A.    That  is  the  coat,  to  the  best  of  my  beUef. 

By  Mr.  Clampitt  : 

Q.  Did  Mrs.  SuiTatt  express  any  sui'prise  or  deep  feeling  at  the 
moment  of  her  arrest  ? 

A.  No,  sir :  she  did  not  ask  even  for  what  she  was  arrested ; 
expressed  no  surprise  and  no  feeling  at  all. 

By  the  Judge  Advocate  : 

Q.    How  many  persons  were  arrested  together? 

A.  Four  persons  were  aiTested  at  once,  —  3Ii's.  SuiTatt,  Miss 
Surratt,  Mrs.  Fitzpatrick,  and  Miss  Jenkins. 

Q.  Was  there  an  inquiry  made  at  all  of  you  as  to  the  cause  of 
the  aiTest? 

A.  No,  sir :  none  whatever.  When  I  went  up  the  steps,  and 
rang  the  bell  of  the  house,  Mrs.  Surratt  came  to  the  window,  and 
said,  "  Is  that  you,  Mr.  Kirby  ?  "  The  reply  was,  that  it  was  not 
Mr.  Kirby,  and  to  open  the  door.  She  opened  the  door ;  and  I 
stepped  into  the  hall,  and  asked,  "  Are  you  Mrs.  Surratt?  "  She 
said,  "  I  am,  the  widow  of  John  H.  Surratt ; "  and  I  added,  "  The 
mother  of  Jolm  H.  Surratt,  jun.  ?  "  She  said,  "I  am."  I  said, 
"I  come  to  arrest  you  and  all  in  your  house,  and  take  you,  for 
examination,  to  General  Augur's  headquarters." 

Q.    That  occurred  immediately  on  your  entering  the  house  ? 

A.    Immediately  on  my  stepping  into  the  front  door. 

By  Mr.  Doster  : 

Q.    How  do  you  know  that  coat  to  be  the  one  Payne  had  on  ? 
A.   How  would  you  know  any  thing  you  had  seen  before   but 
from  memory? 


20  THE     TRIAL. 

Q.   I  am  simply  asking  you  how  do  you  know  ? 

A.  By  the  way  anybody  would  recognize  a  thing  after  having 
seen  it  once,  —  by  the  impression  that  was  made  on  the  memory  at 
the  time. 

Q.  Are  there  any  particular  marks  about  this  coat  that  make  it 
look  like  the  one  you  saw  ? 

A.    The  color  and  the  general  look  of  the  coat. 

Q.  Are  you  sure  that  the  coat  he  had  on  was  not  what  is  called 
Confederate  gray  ? 

A.  I  am  veiy  certain,  as  I  have  said  before,  that  this  is  the 
coat. 

Q.    You  are,  then,  certain  that  it  was  not  Confederate  gray  ? 

A.    I  have  said  before,  that  I  am  certain  that  this  is  the  coat. 

Q.  Answer  my  question.  I  do  not  ask  what  you  said  before  : 
I  want  an  answer  to  the  question  I  now  ask. 

A.  I  think  I  have  already  testified  on  that  point.  I  do  not 
know  that  I  am  called  on  to  repeat  more  than  three  or  four  times. 

Q.  It  is  only  necessary  for  you  to  answer  that  simple  question, 
whether  you  are  certain  the  coat  the  prisoner  had  on  at  that  time 
was  not  what  is  generally  called  Confederate  gray? 

A.  As  near  as  I  could  judge  by  the  light  that  was  in  the  hall  at 
the  time,  this  was  the  coat. 

By  Assistant  Judge  Advocate  Burnett  : 

Q.  [Submitting  to  the  witness  a  dark-gray  coat.]  Select  now, 
between  this  coat  and  the  one  you  have  just  had  in  your  hands, 
which  is  the  nearest  the  color. 

A.  The  coat  now  shown  me  is  the  one.  [The  dark-gray  coat 
was  offered  in  evidence  without  objection.]  I  recognize  the  coat 
by  the  buttons.  All  that  was  wanted  in  the  other  coat  was  the 
buttons ;  but  it  was  hard,  in  the  light  in  which  I  was  standing,  to 
tell.  I  recognize  now,  by  the  buttons,  that  the  coat  just  shown  me 
is  the  one. 

By  Mr.  Aiken  : 

Q.  If  you  saw  a  gentleman  dressed  in  black,  with  a  white  neck- 
cloth on  him,  presenting  himself  to  you  as  a  Baptist  preacher,  and, 
two  months  after  that,  you  should  meet  the  same  person  with  a  shii't- 


THE     TRIAL.  21 

sleeve  on  his  head,  an  old  gray  coat,  his  pantaloons  stuffed  into  his 
boots,  with  a  pickaxe  on  his  shoulder,  presenting  himself  as  a  laborer 
in  the  night,  do  you  think  you  would  immediately  recognize  him  as 
being  the  same  person  ? 

A.    If  I  was  very  familiar  with  his  countenance,  I  should. 

Q.  You  would  recollect  all  that,  and  yet  you  could  not  recollect 
a  coat  that  you  had  only  seen  within  a  short  time,  but  confounded 
it  with  one  that  was  as  different  in  appearance  as  those  two  coats 
here? 

A.  It  is  hard  to  remember  the  particular  color  of  a  coat,  as  any 
one  will  very  weU  know,  that  you  see  at  night-time,  if  they  saw  it 
by  gas-light. 

Surgeon-General  Joseph  K.  Barnes, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q.  Will  you  state  to  the  Court  whether  or  not,  on  the  night  of 
the  14th  of  April  last,  you  were  called  to  see  Mr.  Seward,  the 
Secretary  of  State,  in  this  city,  and  in  what  condition  you  found 
him? 

A.  I  was  called  upon  on  the  night  of  the  14th  of  April,  a  few 
minutes  before  eleven  o'clock,  to  go  to  the  ^Secretary  of  State's. 
Upon  reaching  there,  I  found  the  Secretary  wounded  in  three 
places ;  Mr.  Frederick  W.  Seward  insensible,  and  very  badly 
wounded  in  the  head.  The  rest  of  the  family  I  did  not  see,  as  I 
was  occupied  with  them. 

Q.    Will  you  describe  the  wounds  of  each  of  those  gentlemen  ? 

A.  The  Secretary  was  wounded  by  a  gash  in  the  right  cheek, 
passing  around  to  the  angle  of  the  jaw ;  by  a  stab  in  the  right  neck, 
passing  into  the  body  of  this  muscle  [pointing  out  a  muscle] ; 
by  a  stab  in  the  right  side  of  the  neck,  passing  in  at  the  same 
muscle. 
.    Q.    The  wounds  of  Frederick  Seward,  his  son  ? 

A.  Mr.  Frederick  Seward  was  suffering  from  a  fracture  of  the 
cranium  in  two  places,  bleeding  very  profusely,  exceedingly  faint, 
almost  pulseless,  and  unable  to  articulate. 


22  THE     TRIAL. 

Q.  How  did  the  wounds  seem  to  have  been  mflicted  on  his 
head? 

A.  By  some  blunt  instrument,  —  the  butt  of  a  pistol,  a  loaded 
bludgeon,  or  something  of  that  kind. 

Q,  What  was  the  condition  of  Mr.  Seward,  the  Secretary  of 
State,  before  that  ?  You  were  in  attendance  upon  him,  were  you 
not? 

A.  He  was  progressing  very  favorably.  He  had  recovered  from 
the  shock  of  the  accident  of  ten  days  previously,  and  was  getting 
along  very  well. 

Q.    Had  his  limb  been  broken  ? 

A.  His  right  arm  was  broken  close  to  the  shoulder-joint,  and  his 
jaw  was  broken  in  two  places ;  but  the  serious  injury  of  the  first 
accident  was  the  concussion. 

Q.  Do  you  know  whether  a  pistol  was  picked  up  in  the  chamber 
of  Mr.  Seward  that  night  ? 

A.    Not  while  I  was  there. 

Q.    Did  you  see  one  afterwards  that  was  picked  up  ? 

A.    I  never  have  seen  the  pistol. 

Q.  Were  the  wounds  of  Mr.  Secretary  Seward  very  dangerous 
in  their  character  ? 

A.   Very  dangerous. 

Q.    Is  he  still  sneering  from  them  ? 

A.   He  is  still  suffering  from  them. 

Q.  You  say  you  did  not  see  any  other  member  of  the  family, 
except  Mr.  Seward  and  his  son  ? 

A.  Major  Seward  was  in  the  room ;  but  I  did  not  treat  him 
professionally. 

Q.    Did  you  treat  professionally  any  of  the  others  ? 

A.    No,  sir. 

Thomas  Price, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — • 

By  the  Judge  Advocate  : 

Q.    State  whether  or  not,  soon  after  the  night  of  the  murder  of 


THE     TRIAL.  23 

the  President,  you  picked  up,  somewhere  in  the  neighborhood  of  this 
city,  a  coat  ? 

A.    On  the  afternoon  of  Sunday,  the  16th  of  April. 

Q.    Where  did  you  pick  it  up  ? 

A.  In  a  piece  of  woods  that  lies  between  Fort  Bunker  Hill  and 
Fort  Saratoga. 

Q.    Would  you  recognize  that  coat  again  if  you  were  to  see  it  ? 

A.    I  think  I  should. 

Q.  [Submitting  to  the  witness  two  coats.]  Look  at  these  two 
coats,  and  see  if  either  of  them  is  the  one. 

A.  This  is  the  coat  [selecting  the  brown  and  white  mixed 
coat]. 

Q.    Did  you  discover  any  trace  of  blood  on  the  sleeve  ? 

A.    Yes,  sir. 

Q.    Show  it  to  the  Court. 

The  witness  pointed  out  blood-marks  on  the  right  sleeve  of  the 
coat. 

Q.  How  far  from  the  city  is  that  piece  of  woods  that  you  speak 
of  where  you  picked  it  up  ? 

A.    About  three  miles. 

Q.    In  what  direction  ? 

A.    East  of  the  Eastern  Branch. 

Q.    Pn  any  road  ? 

A.  There  is  a  road  from  one  fort  to  another,  and  it  runs  through 
this  piece  of  woods.  On  the  eastern  side  of  this  road,  in  this  piece 
of  woods,  I  found  the  coat. 

Q.    Was  the  blood  on  it  when  you  found  it  ? 

A.    Yes,  sir :  that  is  how  I  recognize  it  more  particularly. 

Cross-examined  by  Mr.  Doster  : 

Q.  When  did  you  find  that  coat?  State  the  exact  time  you 
found  it. 

A.    About  three  o'clock  on  Sunday,  the  16th  of  April. 

Q.    Was  it  lying  in  the  road,  or  not  ? 

A.  I  should  think  it  was  a  road  that  was  made  by  hauling  out 
wood  ;  and  the  grass  had  grown  over  it :  it  was  a  by-road  that  was 
not  used.     There  were  no  tracks  of  wheels  ;  but  I  think  it  was  the 


24  *  THE     TRIAL. 

formation  of  a  road  througli  those  woods ;  and,  on  tlie  turn  in  the 
road,  I  got  the  coat. 

Q.    In  what  direction  is  that  from  Washington  City  ? 

A.  A  valley  runs  from  the  direction  of  Harewood  Hospital  out 
between  Fort  Bunker  Hill  and  Fort  Saratoga ;  and  this  strip  of 
woods  lies  between  these  two  foiis,  in  the  valley. 

Q.    It  is  north-east,  then  ? 

A.  Yes,  sir  :  north-east  of  the  city. 

By  the  Court  : 

Q.  You  said  it  was  on  the  east  side  of  the  Eastern  Branch  that 
you  found  the  coat :  was  it  not  on  this  side  of  the  Branch  ? 

A.  I  understand  the  Branch  to  run  east  from  Washington  :  it 
was  east  of  that,  on  this  side  of  it. 

Q.    Was  it  not  on  this  side,  instead  of  the  east  side  ? 

A.    On  this  side. 

Charles  H.  Bosch 
recalled  for  the  prosecution. 

By  the  Judge  Advocate  : 

Q.    Were  you  present  when  the  prisoner  Payne  was  searched  ? 

A.    Yes,  sir. 

Q.  [Submitting  to  the  witness  a  package  of  articles.]  Look  at 
those  articles,  and  state  whether  all  or  any  of  them  were  found  upon 
his  person. 

A.    They  all  were. 

Q.    Is  there  not  among  them  a  pocket-compass  ? 

A.  Yes,  sir. 

Q.   Was  that  taken  from  his  person  ? 

A.  That  was  handed  out  by  the  prisoner  himself  to  Mr.  Samson, 
and  from  Samson  to  me. 

Q.    What  pnsoner  ? 

A.  That  big  man  there  [pointing  to  Lewis  Payne].  All  these 
articles  were  taken  from  his  person. 

[The  package  was  offered  in  evidence  without  objection,  and  is 
marked  Exhibit  No.  56.] 


THE     TRIAL.  25 

Q.  [Submitting  to  the  witness  a  pair  of  boots.]  Do  you  recog- 
nize these  boots  as  the  same  that  were  taken  from  him  ? 

A.  Yes  :  I  recognize  these  boots.  I  had  them  pulled  off  in  my 
presence. 

[The  boots  were  offered  in  evidence.] 

His  feet  were  incased  in  a  very  clean  pair  of  socks,  with  bands 
tied  up  on  the  sides  something  like  the  Highland  fashion. 

Spencer  M.  Clark, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

By  the  Judge  Advocate  : 

Q.  [Submitting  to  the  witness  the  boots.]  Look  at  these  boots, 
and  state  if  you  can  discover  any  name  written  on  them. 

A.  I  had  one  of  these  boots  yesterday  for  examination ;  and  I 
could  then  discover  a  name  which  has  now  mostly  disappeared  under 
the  effect  of  the  acid  that  I  put  upon  it. 

Q.    Will  you  state  what  the  name  was  ? 

A.    The  name  appeared  to  me  to  be  J.  W.  Booth. 

Q.    Did  it  appear  with  entire  distinctness  ? 

A.  No,  sir :  both  the  J.  and  the  W.  were  distinct ;  the  rest 
was  obscure. 

Q.    Did  it  seem  to  have  been  effaced  ?  and  how  ? 

A.  When  I  first  received  it,  it  was  simply  a  black  mark,  evident- 
ly a  mark  of  ink,  made  over  the  surface,  apparently  to  cover  writ- 
ing. I  first  examined  it  by  a  microscope,  and  found  that  it  was 
one  coat  of  ink  overlaid  over  another ;  and  then  I  attempted  to  take 
off  the  outer  coat,  and  see  what  was  below  it.  I  succeeded  par- 
tially. 

Q.  You  say  the  letters  "J.  W."  were  entirely  distinct.  Were 
the  other  letters  so  obscure  as  to  leave  any  doubt  in  your  mind  as  to 
what  the  name  was  ? 

A.  Very  little  doubt.  I  cannot  speak  positively  of  a  thing  that 
is  in  itself  obscure ;  but  it  left  very  little  doubt  upon  my  mind  that 
the  name  was  Booth. 

VOL.  n.  3 


26  THE     TRIAL. 

Cross-exam inecl  by  Mr.  Doster  : 

Q.    What  is  your  business  ? 

A.    I  have  charge  of  the  engraving  and  printing  in  the  Treasury. 

Q.  I  understood  you  to  say  that  you  had  some  doubt  as  to  that 
name  being  Booth. 

A.  I  had  some  little  doubt  at  first  as  to  the  "  B,"  whether  it 
might  not  be  a  "  P; "  the  lower  part  of  the  "  B  "  being  not  as  plain 
as  the  other  part :  but,  on  very  careful  examination,  I  satisfied  my- 
self that  it  was  a  "B." 

Q.  What  processes  have  you  used  to  bring  out  the  name  of 
Booth? 

A.   I  took  off  the  outer  coat  of  ink  by  the  use  of  oxalic  acid. 

Q.  Is  it  possible,  by  means  of  chemistry,  to  take  off  the  outer 
coat,  and  leave  the  lower  or  inner  coat  undisturbed  ? 

A.    Where  the  lower  coat  has  remained  exposed  to  the  air  longer 
,  than  the  upper  coat,  it  is.     The  reason  the  latter  part  of  the  name 
in  this  case  is  more  obscure  than  the  first  is  because  I  left  the  acid 
too  long  on  the  outer  coat,  and  it  attacked  the  lower  one. 

Q.    How  do  you  separate  the  lower  and  upper  coats  ? 

A.   By  washing,  as  fast  as  I  dissolve  the  acid,  with  plain  water. 

Q.  Is  it  clear  to  your  mind  where  the  lower  coat  ends  and  the 
upper  begins  ? 

A.  It  is  only  made  clear  by  examination  by  the  eye  at  the  mo- 
ment. I  put  the  acid  on  under  a  magnifier ;  and  the  moment  the 
outer  coat  disappears,  and  the  next  begins  to  show,  I  then  destroy 
the  acid. 

Q.  You  can,  then,  distinguish  whether  the  two  coats  have  been 
put  on  at  the  same  time,  or  at  different  times,  can  you? 

A.  After  trial.  It  was  supposition  before  I  tried.  I  supposed 
the  lower  coat  had  been  exposed  to  the  air  longer  than  the  outer, 
and  made  that  trial  to  test  it.     That  proved  it. 

Q.  Did  you  have  any  idea  what  the  pui'pose  was  of  giving  this 
boot  to  you  for  analysis  ? 

A.    No,  sir. 

Q.    Who  gave  it  to  you  ? 

A.    Mr.  Field,  the  Second  Assistant  Secretary  of  the  Treasury. 

Q.   Did  be  tell  you  to  whom  the  boot  was  supposed  to  belong  ? 


THE     TRIAL.  27 

A.    Yes,  sir. 

Q.    And  who  had  worn  it  ? 

A.    Yes,  sir. 

Q.    Who  did  he  say  had  worn  it  ? 

A.    Payne. 

Q.    Mr.  Field  said  so  ? 

A.   Yes,  sir. 

Q.  You  had,  then,  an  impression  that  it  was  your  duty  to  discover 
some  name  ;  had  you  not  ? 

A.    Yes,  sir ;  if  it  was  there. 

Q.    And  some  one  in  connection  with  this  case  ? 

A.    I  expected  to  find  the  name  of  Payne. 

Q.  And,  not  finding  that,  you  naturally  expected  to  find  the 
name  of  somebody  else  connected  with  this  case  ? 

A.  I  then  followed  out  the  letters  until  I  thought  I  plainly  dis- 
covered "  th  "  at  the  end ;  and  then  the  name  of  Booth  came  to  my 
mind.     That  was  before  I  had  clearly  determined  upon  the  B, 

Q.  Is  it  possible,  by  any  process  of  chemistry,  to  restore  that 
name  ?     You  say  you  have  erased  it. 

A.    There  is  no  such  process  that  I  am  aware  of. 

Q.  Was  it  necessary  for  you  to  erase  it  in  order  to  arrive  at  your 
conclusion  ? 

A.  It  is  not  erased  :  there  is  no  erasure  upon  the  letters.  The 
writing  has  only  been  acted  upon  by  the  acid,  which  changes  its 
color,  —  destroys  the  color  of  its  ink. 

Q.    Is  it  readable  still? 

A.  No,  sir.  The  acid  has  acted  on  the  lower  coat ;  the  J.  and 
W.  are  still  readable. 

Q.  But  you  think,  taking  it  altogether,  that  there  is  still  a  rea- 
sonable doubt  as  to  that  being  the  name  of  J.  Wilkes  Booth  ? 

A.  I  should  hesitate  to  swear  to  any  thing  so  obscure  as  an  oblit- 
erated signature.  I  entertain  very  little  doubt  that  the  name  is  J. 
W.  Booth ;  but  I  cannot  swear  positively  to  such  a  thing. 

Edward  Jordan, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 


28  THE     TRIAL. 

By  the  Judge  Advocate  : 

Q.  Will  you  please  state  to  the  Court  -whether  or  not  you  were 
associated  with  Mr.  Clark  in  the  examination  which  he  made  of  the 
name  upon  that  boot,  and  describe  the  process,  and  the  result  at 
which  you  arrived  ? 

A.  I  was  only  requested  to  look  at  the  boot  after  it  had  under- 
gone whatever  chemical  preparation  it  had  been  subjected  to. 

Q.    State  the  result  of  your  examination. 

A.  I  looked  at  the  marks  on  the  boot ;  and  I  came  to  the  conclu- 
sion that  the  name  written  there  was  "J.  W.  Booth." 

Q.    Did  you  examine  it  through  a  glass  ? 

A.    Yes,  sir, 

Q.    How  are  you  engaged  here  ? 

A.    I  am  Solicitor  of  the  Treasury. 

Cross-examined  by  Mr.  Doster  : 

Q.  Did  you  know  who  the  person  was  to  whom  it  was  supposed 
to  belong  ? 

A.    I  did  not. 

Q.    You  did  not  know  whom  it  came  from  ? 

A.    I  did  not. 

Q.    Was  it  in  the  possession  of  Mr.  Clark  when  you  had  it  ? 

A.    Yes,  sir. 

Q.  Did  you  have  any  suspicions  as  to  why  he  had  it  in  his 
possession  ? 

A.    None  in  the  world. 

Q.    How  came  you  to  see  it  ? 

A.  The  Assistant  Secretary  of  the  Treasury  called -me,  appar- 
ently accidently,  as  I  was  passing  the  door  of  the  room  in  which 
Mr.  Clark  was,  and  said,  "  I  have  something  curious  to  show  you ; 
I  wish  you  would  look  at  it ; "  or  words  to  that  ejQfect. 

Q.    What  day  was  that  ? 

A.    Yesterday. 

Q.   Was  the  name  distinctly  legible  ? 

A.    I  do  not  think  it  was. 

Q.    How  distinct  was  it  ? 

A.   A  part  of  the  name  was  quite  distinct. 


THE     TRIAL.  29 

Q.    What  part? 

A.  The  first  letter,  "  J.,"  was  very  distinct ;  the  middle  letter, 
**  W.,"  was  not  so  distinct;  the  third  initial  was  still  less  distinct  in 
outline,  but  I  thought  quite  as  clear  in  its  character.  I  do  not  mean 
to  say  as  clear  as  the  "  J. : "  that  was  the  most  distinct  letter  upon 
the  article. 

Q.    Were  the  letters  after  "  B  "  in  the  name  clear? 

A.  No,  sir.  The  first  letter  I  thought  was  quite  clear.  I  do 
not  mean  to  say  that  it  was  a  distinct  letter,  —  there  were  none  of 
those  letters  distinct ;  but  it  was  sufficiently  so,  I  thought,  to  indi- 
cate very  satisfactorily  what  it  was.  I  thought  the  outline  was  quite 
visible  and  determinable  ;  but  that  it  was  distinct  is  not  true. 

Q.    Were  you  asked  what  you  thought  that  name  was  ? 

A.    Yes,  sir. 

Q.    What  did  you  say  ? 

A.  I  said  I  thought  it  was  the  name  of  a  very  distinguished 
individual. 

Q.    Is  that  all  you  said  ? 

A.    That  is  all  I  said  then. 

Q.  Is  Mr.  Clark  in  the  habit  of  receiving  boots  or  other  matters 
in  reference  to  criminal  trials  ? 

A.   Not  to  my  knowledge. 

Q.  So,  whenever  you  saw  a  boot  there,  you  would  naturally  infer 
that  it  had  some  reference  to  a  criminal  trial  ? 

A.  No  :  I  did  not  infer  that  until  I  came  to  a  conclusion  as  to 
what  the  name  was  :  then  I  did,  of  course. 

By  the  Judge  Advocate  : 

Q.  I  understand  you  to  state  that  you  arrived  at  the  conclusion 
that  this  was  the  name,  J.  W.  Booth,  before  you  had  received  any 
intimation  as  to  what  it  was  supposed  to  be  ? 

A.    Yes,  sir. 

Stephen  MxIrsh, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  ; 
3* 


30  '  THE     TRIAL. 

Q.  Look  at  that  boot,  and  state  to  the  Court  whether  you  made 
an  examination  of  it  with  a  view  to  ascertain  what  name  was  written 
there,  and  what  was  the  result  of  that  examination. 

A.  It  was  shown  to  me  by  Mr.  Field,  Assistant  Secretary  of  the 
Treasury,  yesterday.  I  examined  it.  I  thought  I  could  make  out 
certain  letters  on  it.  M  first,  I  could  make  out  the  letter  "  J  "  or 
"  I ;  "  then  "  W.,"  and  "  h,"  the  last  letter ;  then  a  capital  ''  B  " 
after  the  "  W." 

Q.    Was  that  all  you  could  make  out  ? 

A.  That  was  all  I  could  make  out  on  the  first  examination. 
Then  I  thoui^ht  I  could  trace  "  t  "  next  to  the  **  h,"  the  "  J.  W. 
B — th."     That  was  all  I  could  make  out. 

Q.    Could  you  make  out  the  intervening  letters  ? 

A.  I  could  not  be  satisfied  as  to  them.  The  *'  B  "  and  "  th  "  I 
am  quite  satisfied  of. 

Q.    Did  you  examine  it  through  a  glass  ? 

A.  No,  sir,  I  did  not,  but  with  the  naked  eye.  There  was  a 
glass  there  ;  but  I  did  not  look  through  it. 

•    Q.    In  regard  to  the  letters  you  have  mentioned,  you  say  you 
had  no  doubt? 

A.    No  doubt  at  all. 

Q.  In  the  intervening  space,  the  blank  space,  was  there  room  for 
one  or  two  letters  between  "  B  "  and  "  th  "  ? 

A.  There  was  room  for  from  two  to  three  letters.  It  would 
depend  altogether  on  how  they  were  written,  —  a  space  of  nearly 
half  an  inch. 

By  Mr.  Doster  : 

Q.    How  did  you  happen  to  see  that  boot  ? 

A.  It  was  handed  to  me  by  Mr.  Field,  Assistant  Secretary  of 
the  Treasury,  in  his  room. 

Q.    Had  you  ever  seen  the  boot  before  ? 

A.   Not  that  I  know  of. 

Q.  What  were  you  told  ?  Was  any  thing  said  to  you  about  the 
boot  before  it  was  handed  to  you  ? 

A.  I  was  told  to  examine  it,  and  see  if  I  could  make  out  what 
name  appeared  to  be  written  there. 


THE     TRIAL.  31 

Q.    Are  you  prepared  to  say  that  name  was  not  John  H.  Boole  ? 

A.  I  can  swear  it  was  not :  I  would  not  be  positive,  but  I  am 
almost  positive,  that  the  last  two  letters  are  "  th."  That  is  what  I 
make  it  out  to  be. 

Q,    And  you  cannot  swear  that  it  read  "  J.  W.  Booth  "  ? 

A.    I  would  not  like  to  swear  as  to  the  two  intervening  letters. 

Q.    After  you  had  seen  the  boot,  what  did  you  say  ? 

A.  I  said  I  could  make  out  the  "J.  W.  h; "  then  after- 
wards "B"  and  "t." 

Q.    That  is  all  you  said  ? 

A.    Yes,  sir. 

William  H,  Bell 

recalled  for  the  prosecution. 

By  direction  of  the  Judge  Advocate,  the  handcuffs  were  removed 
from  the  prisoner  Lewis  Payne,  and  he  was  directed  to  array  him- 
self in  the  coats  and  hat  previously  identified.  He  accordingly  put 
on  the  dark-gray  coat,  marked  Exhibit  No.  55,  and  over  it  the 
brown  and  white  mixed  coat,  marked  Exhibit  No.  54,  buttoned 
as  an  overcoat,  and  the  hat,  marked  Exhibit  No.  4 ;  and  he 
stood  erect  in  this  position. 

The  Judge  Advocate.  I  wish  this  witness,  who  has  been 
recalled  for  the  purpose  of  seeing  the  prisoner  Payne  in  this  dress, 
to  look  at  him  now,  and  see  whether  he  recognizes  him. 

The  Witness.  When  he  came  in,  he  had  on  that  coat  and  hat  : 
he  had  on  a  white  collar,  and  looked  quite  nice  to  what  he  looks 
now.  That  is  the  very  same  hat  he  had  on  :  he  had  it  bent  down 
over  one  eye,  one  corner  of  it  turned  down.  He  had  the  same  look 
he  has  now :  he  looked  pretty  fiery  out  of  the  eyes  at  me,  —  the 
same  way  he  looks  now. 

Sergeant  George  F.  Bobinson 
recalled  for  the  prosecution. 

By  the  Judge  Advocate  : 

Q.  Look  at  the  prisoner  Payne  now  in  his  present  dress,  and 
give  your  opinion  whether  he  is  the  same  man  who  came  to  Secre- 
tary Seward's  on  the  night  of  the  16th  of  April  last. 


32  THE     TRIAL. 

A.    He  looks  more  natural  now  than  he  did  before. 

Q.  Can  you  give  an  opinion  to  the  Court  whether  that  is  the 
same  man  ? 

A.  I  should  think  it  was.  I  am  not  sure  about  it ;  but  I  think 
it  was. 

Q.  I  believe  you  did  not  state  precisely  the  hour  at  which  this 
stabbing  occurred  :  will  you  state  it  now,  if  you  can  ? 

A.    It  was  not  far  from  ten  o'clock. 

Q.    Was  it  before,  or  after,  do  you  think  ? 

A.    I  should  think  it  was  after  ten. 

Q.  Do  you  know  whether  the  pistol  which  was  picked  up  there 
in  the  room,  after  he  left,  was  loaded  or  not  ? 

A.    It  was  :  I  examined  it. 

Jacob  Eitterspaijgh, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  Assistant  Judge  Advocate  Bingham  : 

Q.  Do  you  know  the  prisoner  Edward  Spangler? 

A.  I  do. 

Q.  Do  you  know  where  he  lived  in  Washington  until  he  was 
arrested  ? 

A.  He  boarded  where  I  board. 

Q,  Where  was  that  ? 

A.  Mrs.  Scott's,  on  the  comer  of  Seventh  and  G  Streets. 

Q.  Who  an'ested  him? 

A.  I  do  not  know  :  I  was  not  there  at  the  time  he  was  arrested. 

Q.  WTiat  is  the  name  of  the  house  ? 

A.  I  do  not  know  :  there  is  no  number  on  the  house. 

Q.  "Who  owns  it? 

A.  A  Mr.  Ford,  I  think. 

Q.  Does  he  live  in  it  ? 

A.  No,  sir  :  Mrs.  Scott  has  it  leased  from  Mr.  Ford. 

Q.  Who  lives  in  the  house? 

A.  Mrs.  Scott. 

Q.  Who  occupied  the  room  with  Spangler  ? 


THE     TRIAL.  33 

A.   He  never  slept  there  :  he  just  took  his  meals ;  that  was  all. 

Q.    Did  he  have  a  room  in  the  house? 

A.   No,  sir :  he  slept  at  the  theatre. 

Q.    Did  you  see  the  rope  that  was  taken  there? 

A.  No,  sir  :  I  know  he  had  a  valise  there  ;  he  used  to  keep  it 
there.  I  do  not  know  whether  any  thing  was  in  it  or  not.  The 
detectives  came  in,  and  asked  me  if  Spangler  had  any  thing  there, 
and  I  told  them  I  did  not  know  any  more  than  the  valise  ;  and  I 
gave  it  to  them,  and  they  took  it,  and  went  off  with  it. 

Q.  You  know  that  that  valise  that  you  gave  them  was  Span- 
gler's  valise  ? 

A.    Yes,  sir. 

Q.    You  do  not  know  what  it  contained? 

A.  No,  sir :  I  have  never  looked  into  it.  They  took  it  off. 
They  asked  me  if  he  had  any  chests  or  trunks,  and  I  told  them  no  : 
he  had  no  clothes  there,  nor  any  thing  else. 

Q.    When  did  he  bring  the  ^lise  there  ? 

A.    I  do  not  know. 

Q.    When  did  you  give  it  to  the  officers  ? 

A.    On  Monday  night,  the  17th  of  April  last.  , 

Q.    Are  you  not  commonly  called  "  Jake  "  about  the  theatre? 

A.    I  am. 

Captain  William  M.  Wermerskirch, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q,  State  to  the  Court  whether  or  not,  on  the  night  of  the  14th  of 
April  last,  you  were  at  the  house  of  the  prisoner,  Mrs.  Surratt,  in 
this  city. 

A.    I  was,  on  the  night  of  the  17th  of  April. 

Q.    Were  you  present  when  she  and  the  prisoner  Payne  met? 

A.    I  was  present. 

Q.  Did  you  or  did  you  not  hear  Major  Smith  address  any  re- 
mark to  her,  or  make  any  inquiry  of  her,  in  regard  to  the  prisoner 
Payne  ? 


34  THE     TRIAL. 

A.  He  asked  Mrs.  Surratt  whether  she  knew  Payne,  the  man 
who  came  there. 

Q.    Was  Mrs.  Surratt  then  in  the  presence  of  Payne  ? 

A.   She  saw  him. 

Q.    What  was  her  reply? 

A.  She  held  up  either  one  or  both  hands,  —  I  cannot  say,  —  and 
said,  "  Before  God,  I  have  never  seen  that  man  before.  I  have  not 
hired  him ;  I  do  not  know  any  thing  about  him ;  "  or  words  to  that 
effect. 

Q.  Do  you  recognize  the  prisoner  Payne  as  the  man  of  whom  you 
speak  ? 

A.    Yes :  this  one  is  him  [pointing  to  Lewis  Payne]. 

Q.  And  the  prisoner  Mrs.  Surratt  is  the  woman  of  whom  you 
speak  ? 

A.    She  is. 

Cross-exammed  by  Mr.  Aiken  : 

Q.    Did  you  make  any  search  of  the  premises  while  you  were  there  ? 

A.   I  did. 

Q.    What  did jou  find? 

A.  I  found  a  number  of  photographs,  papers,  a  bullet-mould,  and 
some  percussion-caps. 

Q.    In  whose  room  were  the  percussion-caps  found  ? 

A.  In  the  room  of  Mrs.  Surratt :  I  think,  at  least,  it  was  in  her 
room.  It  was  the  back  room  on  the  lower  floor.  I  also  found  there 
the  bullet-mould. 

Q.    Were  the  percussion-caps  lying  around  loose  in  the  room? 

A.  They  were,  I  think,  in  one  of  the  drawers  of  the  bureau.  The 
bullet-mould  was  on  the  top  of  a  wardrobe. 

Q.    Was  this  room  on  the  first  floor  of  the  house  ? 

A.  It  was  on  the  first  floor,  —  the  back  room.  It  was  the  back 
parlor. 

Q.    What  were  the  photographs  you  found  there  ? 

A.  There  was  a  number  there  :  but  I  do  not  know  whose  like- 
nesses they  were  ;  at  least,  I  cannot  now  remember. 

Q.  Did  you  find  the  photograph  of  Jefferson  Davis  and  of  Alexan- 
der H.  Stephens  ? 


THE     TRIAL.  35 

A.  Yes,  sir ;  or,  rather,  they  were  not  exactly  photographs  :  I 
think  they  were  lithographic  cartes  de  visite,  got  up  in  the  same  shape 
that  photographic  cartes  de  visite  are  got  up. 

Q.  Are  you  aware  that  different  booksellers  and  dealers  expose 
these  photographs  for  sale  freely  throughout  the  country  ? 

A.    I  have  seen  them  in  Baltimore  for  sale. 

Q.    Even  in  Baltimore  ? 

A.  Yes,  sir  :  I  think,  eighteen  months  ago,  I  saw  them  there  for 
sale,  though  they  were  prohibited  to  be  sold  by  an  order  of  the  com- 
manding general  at  the  time. 

Q.  Have  you  not  frequently  seen  photographs  of  the  leaders  of 
the  Rebellion  in  the  hands  of  persons  supposed  to  be  loyal  ? 

A.    Not  frequently. 

Q.    But  you  have  seen  them  ? 

A.  I  may  have  seen  them :  I  do  not  recollect  having  seen  any. 
I  do  not  recollect  any  particular  instance.  I  mean  to  say,  I  have 
seen  them. 

Q.  You  know  it  to  be  a  common  affair  to  have  these  photographs 
about  freely  through  the  country  ? 

A.    No,  sir  :  I  do  not  know  that. 

Q.  Have  you  ever  seen  the  photographs  of  Booth  in  the  hands  of 
persons  supposed  to  be  perfectly  loyal  ? 

A.  I  have  seen  photographs  of  him  in  the  hands  of  persons  perfect- 
ly loyal,  but  only  in  the  hands  of  those  who  took  an  interest  in  having 
him  arrested. 

Q.  Then  you  never  saw  any  photograph  of  him  before  the  assas- 
sination ? 

A.    No,  sir :  not  to  my  knowledge  at  least. 

Q.  Is  it  not  a  common  thing  for  the  photographs  of  eminent 
actors  to  be  exposed  for  sale  about  ? 

A.    I  think  it  is. 

Q.  Is  it  not  common  for  people  to  have  such  photographs  of 
eminent  actors,  actresses,  and  distinguished  persons  in  their  al- 
bums? 

A.    I  do  not  know.     It  may  be  for  all  I  know. 

Q.  Whereabouts  in  the  house  were  you  when  Mrs.  Surratt  made 
the  asseveration  to  which  you  allude  ? 


"36  THE     TRIAL, 

A.  I  was  standing  in  the  hall,  very  near  the  front  parlor,  afford- 
ing me  full  view  of  the  hall  and  the  interior  of  the  front  parlor. 

Q.    Was  she  in  the  parlor,  or  in  the  hall  ? 

A.  She  was  in  the  parlor,  very  near  the  hall-door  ;  or  standing, 
perhaps,  in  the  door. 

Q.  Was  she  kneeling,  or  standing,  at  the  time  you  told  her  you 
were  ready  to  go  ? 

A.    I  never  told  her  so. 

Q.  What  remark  did  you  make  to  her,  if  any,  at  the  time  you 
were  ready  to  take  the  people  from  the  house  ? 

A.  The  remark  was  made  by  Major  Smith,  if  I  am  not  mistaken; 
not  by  me. 

Q.    What  did  Major  Smith  say  ? 

A.  We  had  sent  for  a  carriage  to  take  her  to  the  Provost  Mar- 
shal's oflQce ;  and  he  informed  her  that  the  carriage  was  there,  and 
ready  to  take  her.  Her  reply  was,  that  she  requested  a  minute  or 
so  to  kneel  down  first  to  pray. 

Q.    Then  she  did  kneel  and  pray  before  she  left  the  house  ? 

A.    She  knelt  down  :  whether  she  prayed  or  not,  I  cannot  tell. 

Q.  How  was  Payne  dressed  when  he  came  in,  or  the  person  sup- 
posed to  be  Payne  ? 

A.  He  was  dressed  in  a  very  dark  coat,  pants  that  seemed  to  be 
black  ;  and  he  had  a  very  close-fitting  head-dress,  seemingly  appar- 
rently  to  be  a  shirt-sleeve  or  the  lower  part  of  a  drawer,  closely  fitting 
around  his  head,  and  hanging  down  for  about  six  or  seven  inches, 
perhaps. 

Q.    [Submitting  a  sleeve  of  a  woollen  shu-t  to  the  witness.]     Is 

that  it  ? 

A.    It  looks  something  similar  to  it ;  and  I  think  it  is  what  he 

wore  on  his  head  at  the  time. 

[The  sleeve  was  offered  in  evidence  without  objection.] 

Q.    Were  both  legs  of  his  pantaloons  stuffed  into  his  pants  ? 

A.  That  I  do  not  know  ;  but  I  know  he  was  full  of  mud  up  to 
his  knees  nearly. 

Q.  Do  you  think  you  could  recognize  the  coat  he  had  on  if  you 
should  see  it  now  ? 

A.    I  think  I  could. 


^  THE     TRIAL.  37 

Q.    Do  you  recognize  bira  now? 

A.  Yes,  sir.  I  think  the  coat  he  had  on  then  was  not  so  long, 
and  was  darker  than  the  one  he  has  on  now  ;  but  I  may  be  mistaken. 
[The  prisoner  Lewis  Payne,  by  direction  of  the  Judge  Advocate, 
was  then  divested  of  the  brown  and  white  mixed  coat,  marked  Ex- 
hibit No,  54,  leaving  upon  him  the  dark  gray  coat,  marked  Exhibit 
No.  55  ;  and  the  shirt-sleeve,  marked  Exhibit  No.  53,  was  put  on  as 
a  head-dress.]  That  is  the  way  he  had  that  head-dress  on;  and  that, 
I  think,  is  the  coat  he  wore  ;  though  I  am  not  so  sure  in  regard  to 
that.  The  hall  was  not  lit  up  very  well :  we  had  dimmed  the  gas- 
light purposely. 

Q.   The  hall  was  not  well  lit  up  ? 

A.  It  was  not  so  well  lit  up  where  we  were  standing  that  I  could 
positively  swear  that  was  the  coat  lie  wore  then  :  it  is  as  near  the 
color  and  shape  of  the  coat  as  can  be. 

By  Assistant  Judge  Advocate  Bixgham  : 

Q.    Is  that  the  man  ? 

A.  Yes,  sir  :  that  is  the  man  who  entered  the  house  about  mid- 
niojht. 

By  Mr.  Aiken  : 

Q.  Do  you  think,  if  you  should  see  a  person  dressed  genteelly  in 
black  clothes,  with  a  white  handkerchief  about  his  neck,  representing 
himself  to  you  as  a  Baptist  minister,  you  would,  two  or  three  weeks 
after  that,  recognize  him  in  this  garb,  in  dim  gaslight,  and  covered 
with  mud,  as  the  same  person  ? 

A.    I  declare  I  do  not  know  how  Baptist  ministers  look. 

Q.    What  is  your  religious  persuasion  and  belief  ? 

A.  1  have  been  brought  up  as  a  Catholic. 

Q.  Do  you  think  you  would  be  able  to  recognize  a  person  in  such 
a  garb  in  dim  gaslight,  when  you  had  been  in  the  habit  of  meeting 
the  same  person  before  genteelly  dressed  ? 

A.  If  I  was  asked  to  identify  him,  and  look  at  him,  and  say  if  he  was 
the  same  man  or  not,  I  think  I  would.  The  prisoner  had  not  taken 
any  particular  pains  to  disguise  himself :  his  face  looked  just  the 
same  as  it  does  now  :  the  only  difference  that  ever  existed  was  the 
clothes. 

VOL.   II.  4 


38  TEE     TRIAL. 

Q.  You  have  not  the  least  doubt  In  your  mind  but  that  you  would 
be  able  to  recognize  a  man  in  those  different  garbs  under  these  cir- 
cumstances ? 

A.  I  think  I  would  recognize  him,  even  if  he  put  on  another  coat, 
and  besmeared  himself  with  mud. 

Q.  Were  any  other  remarks  made  to  you  by  Mrs.  Surratt  in  ref- 
erence to  Payne  ? 

A.  No,  sir.  Even  the  remark  that  I  mentioned  was  not  made  to 
me. 

Q.  Did  Mrs.  Surratt  manifest  any  desire  to  avoid  your  questions 
at  any  time  on  the  recognition  of  this  man  if  she  did  know  him  ? 

A.  I  did  not  question  her  at  any  time  at  all.  I  only  turned 
around  when  the  question  was  asked. 

Q.    I  simply  asked  what  your  impression  was  of  her  manner. 

A.  She  did  not  seem  to  like  it  very  well ;  but,  at  the  same  time, 
she  did  not  manifest  much  desire  to  evade  it. 

Q.  From  where  you  were  standing  in  the  hall,  could  you  see  into 
the  parlor  ? 

A.  I  was  standing  at  different  parts  of  the  hall.  I  was  standing 
where  I  could  not  command  a  full  view  of  the  parlor ;  and  again  I 
was  at  a  point  where  I  could  see  every  thing  that  transpired  in  the 
parlor. 

Q.    Did  you  see  any  thing  of  a  black  bag  in  that  house  ? 

A.   Yes,  sir :  I  have  seen  it. 

Q.    Was  it  opened  in  your  presence  ? 

A.  It  was  not.  Our  men  had  not  the  means  of  opening  it :  none 
of  our  keys  fitted  it ;  and  I  had  it  sent  up  with  the  other  things  to 
the  Provost  Marshal's  office  to  be  opened  there. 

Q.  Do  you  know  positively,  of  your  own  knowledge,  of  any  thing 
that  was  in  it  ? 

A.    No,  sir. 

By  Mr.  Clampitt  :  ' 

Q.    Where  were  the  photogi-aphs  found  ? 

A.    All  over  the  house,  —  in  the  front  parlor,  in  the  back  parlor, 
and  in  the  two  rooms  up  stairs. 
Q.    How  many  were  found  ? 


THE     TRIAL.  39 

A.  As  far  as  I  remember,  three  albums  containing  photographs, 
and  some  loose  photographs  besides. 

Q.  Were  those  photographs  you  speak  of  representations  of  the 
leaders  of  the  Rebellion  ? 

A.  I  think  they  represented  Jeff.  Pavis  —  I  do  not  know  him 
personally  —  and  General  Beauregard.  Those  are  the  only  two  I 
can  remember  now. 

By  Mr.  Aiken  : 

Q.  Did  you  find  photographs  of  Union  generals  there  ? 

A.  I  saw  a  photograph  of  General  McClellan  there. 

Q.  Do  you  not  consider  him  a  Union  general  ? 

A.  Yes,  sir ;  he  has  been  a  general  on  our  side :  that  is  all  I 
know. 

Q.  Did  you  ever  have  the  honor  of  serving  under  him  ? 

A.  No,  sir. 

By  Mr.  Clampitt  : 

Q.  Do  you  remember  that  he  planned  and  fought  the  battle  of 
Antietam  ? 

A.    Oh,  yes  !  I  recollect  it. 

By  Assistant  Judge  Advocate  Burnett  : 

Q.  [Exhibiting  to  the  witness  a  frame  containing  a  photographic 
picture  representing  "Morning,  Noon,  and  Night."]  Do  you  rec- 
ollect finding  this  picture  and  frame  in  Mrs.  Surratt's  house  ? 

A.  This  picture  was  in  the  Surratt  house,  on  the  lower  flooor,  if 
I  am  not  mistaken,  in  the  back  room,  standing  on  the  mantle-piece. 

Q.    Did  you  examine  it  ? 

A.   No,  sir. 

Q.    Did  you  examine  the  picture  under  it  ? 

A.   No,  sir. 

Q.    You  simply  found  this  picture  ? 

A.  I  simply  found  it  there,  and  left  it  there,  because  I  did  not 
think  any  thing  of  it. 

Q.  You  identify  the  frame  as  being  there,  and  say  that  this  pic- 
ture was  all  that  was  visible  ? 

A.  Yes,  sir. 


40  THE     TRIAL. 

Q.  I  understand  you  to  say  that  you  found  the  bullet-mould  in 
the  top  of  the  wardrobe  in  Mrs.  Surratt's  room  ? 

A.    I  did. 

Q.  Will  you  state  whether  or  not,  when  Mrs.  Surratt  was  look- 
ing at  the  prisoner  Payne,  there  was  a  full  head  of  gas  there  in  the 
hall,  where  he  was  standing  ? 

A.  At  the  place  where  Payne  was  standing  at  the  time,  the  spot 
was  not  only  lit  by  the  hall-light,  but  also  by  the  light  emanating 
from  the  parlor. 

Q.    A  full  light? 

A.    Yes,  sir. 

By  Mr.  Aiken  : 

Q.  Have  you  ever  had  any  percussion-caps  in  your  own  posses- 
sion? 

A.   Yes,  sir  :  I  have. 

Q.    Have  you  had  bullet-moulds  ? 

A.  I  do  not  think  I  have  had.  I  may  have  had  them  ;  but  I  do 
not  remember  it. 

Q.  Is  it  not  a  very  common  thing  for  people  to  have  percussion- 
caps  and  bullet-moulds,  particularly  in  these  times? 

A.    That  I  do  not  know. 

Lieutenant  John  W.  Dempsey, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

By  the  Judge  Advocate  : 

Q.  [Exhibiting  to  the  witness  a  photographic  representation  of 
"  Morning,  Noon,  and  Night  "  in  a  frame.]  State  whether  or  not 
you  saw  this  in  the  house  of  the  prisoner  Mrs.  Surratt. 

A.   This  picture  I  found  in  the  back  room,  on  the  fii'st  floor 

Q.    Did  you  examine  it  ? 

A.   I  did. 

Q.  State  what  you  found  underneath  the  picture  that  is  now 
shown  ? 

A.    The  back  part  was  all  sealed  ;  and  my  curiosity  was  excited 


THE     TRIAL.  41 

by  seeing  a  piece  torn  oflPthe  back.     I  opened  it,  and  found  the  like- 
ness of  J.  Wilkes  Booth,  —  a  side-face  view. 

Q.  [Submitting  to  the  witness  Booth's  photograh,  Exhibit  No. 
1 .]     Is  that  the  man  ? 

A.  That  is  the  same  face,  with  one  exception,  — that  the  picture 
I  found  in  this  room  was  a  side-view.  I  turned  the  picture  over  to 
Colonel  Ingraham.  The  person  represented  in  both  photographs  is 
the  same. 

Q.    Was  the  picture  of  Booth  visible  from  this  frame  ? 

A.    No,  sir. 

[The  picture  and  frame  were  offered  in  evidence  without  objec- 
tion.] 

Q.   You  say  the  picture  of  Booth  was  not  visible  in  this  frame  ? 

A.  It  was  not.  The  word  "Booth"  was  written  in  pencil  on 
the  back  of  it.  I  will  not  positively  swear  that  the  initials  "  J.  W." 
were  on  it ;  but  the  word  "  Booth  "  was  certainly  on  the  back  of 
the  photograph. 

Cross-examined  by  Mr.  Aiken  : 

Q.  Under  ordinary  circumstances,  would  you  consider  the  finding 
of  the  picture  of  Booth  to  be  proof  that  the  person  in  whose  house 
it  was  was  engaged  in  a  conspiracy  ? 

A.    I  do  not  understand  you.    . 

Q.  Would  you  think  the  person  guilty  of  treasonable  practices  in 
whose  possession  you  should  find  a  picture  of  Booth  accidentally  or 
in  any  other  way  ? 

A  member  of  the  Court  objected  to  the  question,  because  it  asked 
for  the  opinions  of  the  witness  on  a  hypothetical  case. 

The  Commission  sustained  the  objection. 

By  Mr.  Aiken  : 

Q.  Have  you  been  in  the  habit  of  seeing  pictures  of  Booth,  and 
leaders  of  the  Rebellion,  exposed  for  sale  about  in  different  places  ? 

A.  I  was  a  prisoner  for  thirteen  months  ;  and,  during  that  time,  I 
saw  a  good  many  of  the  leaders  of  the  Rebellion,  both  personally 
and  in  pictures. 

Q.    I  speak  now  of  in  the  loyal  States  ? 

A.   No,  sir :  I  have  not. 

4* 


42  THE     TRIAL. 

Q.    You  never  have  seen  photographs  of  Davis  and  Lee  ? 

A.  Very  few,  except  those  seen  in  the  newspapers,  —  the  Sunday- 
papers  particularly. 

Q.    Have  you  seen  them  published  in  newspapers? 

A,    Occasionallv,  I  think  I  have. 

Q.    In  loyal  newspapers  at  the  North  ? 

A.  I  think  in  one  instance  I  have,  on  or  about  the  time  the  Re- 
bellion first  broke  out, — only  exhibiting  Jefferson  Davis's  portrait 
as  the  former  Secretary  of  War,  and  then  leader  of  the  Rebellion. 
I  think  I  saw  it  in  one  of  the  Sunday  papers  of  New  York. 

Q.  Have  you  not  been  in  the  habit  of  seeing  the  pictures  of  emi- 
nent actors  in  the  hands  of  diffijrent  parties  who  preserved  them  ? 

A.  I  cannot  say  that  I  have  noticed  particularly  so.  I  have 
seen  some. 

Q.    Have  you  seen  them  exposed  for  sale  at  different  places  ? 

A,  Within  the  last  four  years,  I  have  had  very  little  to  do  with 
any  thing  outside  of  the  army  ;  and,  if  I  did  formerly,  it  slipped  my 
memory. 

Q.    Do  you  not  think  you  have? 

A.  I  am  not  much  of  a  theatrical  character  myself;  and  for  that 
reason  I  have  nothing  to  say,  and  do  not  know  any  thing  about  it. 

Q.  I  am  not  inquiring  about  your  being  a  theatrical  character. 
I  ask  you  if  you  have  not  been  in  the  habit  of  seeing  the  pictures 
of  eminent  actors  exposed  for  sale  throughout  the  country. 

A.   I  have  seen  likenesses  of  Forrest,  Macready,  and  others. 

Louis  J.  Weichhann 
recalled  for  the  prosecution  : 

By  Assistant  Judge  Advocate  Binguam  : 

Q.  Look  at  the  prisoner  Payne,  and  see  whether  you  ever  saw 
him  dressed  with  that  coat  on  before  [the  prisoner  being  dressed  as 
before  directed  by  the  Judge  Advocate] . 

A.  Yes,  sir :  he  had  that  coat  on  the  time  he  last  came  to  the 
house,  when  he  staid  there  three  days. 

Q.  [Exhibiting  a  vest  to  the  witness.]  Look  at  this  vest,  and 
see  whether  you  ever  saw  that  vest  before. 


THE     TRIAL.  43 

A.    Yes  :  he  liad  that  vest  on.     I  know  it  by  the  buttons. 

[The  vest  was  oflfered  in  evidence  without  objection.] 

Q.  Did  he,  during  that  three-days'  sojourn  in  Mrs.  Surratt's 
house,  wear  a  white  cravat  ? 

A.   He  wore  a  black  cravat. 

Q.  Did  he  ever  wear  a  white  cravat  while  at  her  house  at  any 
time? 

A.    No,  su- :  I  never  saw  him  with  a  white  cravat. 

Cross-examined  by  Mr.  Doster  : 

Q.  Did  all  this  happen  at  a  time  when  you  were  giving  informa- 
tion to  the  War  Department^  and  at  the  same  time  on  an  intimate 
footing  with  Mrs.  Surratt  and  her. family? 

A.    I  was  on  an  intimate  footing. 

Q.    I  ask  you  about  the  time. 

A.  The  time,  as  near  as  I  can  recollect,  was  about  the  loth  of 
March.  It  was  on  this  occasion  that  Payne  once  went  to  the 
theatre  with  John  Surratt  to  see  the  play  of  "  Jane  Shore  :  "  I  can 
fix  the  time  more  easily  by  that  date.  I  communicated  ray  sus- 
picions to  Captain  Gleason  the  very  morning  — 

Q.    No  matter  about  Captain  Gleason  :  I  want  the  time. 

A  Member  of  the  Commission  (General  Wallace).  Allow 
the  witness  to  answer  the  question, 

A.  I  communicated  ray  suspicions  to  the  War  Department  the 
very  morning  after  this  horseback-ride  took  place. 

Mr.  Doster.     I  object  to  that  testimony.     I  am  asking  the  wit- 
ness to  fix  a  certain  time  when  he  did  a  certain  thing.     All  he  has 
to  do  is  to  answer  as  to  a  certain  date.     It  is  unnecessary  for  him  to 
go  into  particulars  about  the  War  Department. 

A.    I  communicated  my  suspicions  to  Captain  Gleason  — 

Mr.  Doster.  I  object  to  that.  I  want  you  to  answer,  and  tell 
me  exactly  what  time  this  visit  of  Payne  wag. 

A.  The  second  and  last  visit  of  Payne,  to  my  recollection,  was 
about  the  l-ith  of  March.  He  came  there  on  the  evening  of 
the  — 

Q.    Was  it  the  visit  when  you  say  he  had  this  coat  on  ? 


44  THE     TRIAL. 

A.  Yes,  sir :  it  was  on  the  evening:  of  the  13th  of  March.  He 
remained  three  days,  — the  14th,  15th,  and  16th.  On  the  15th  of 
March,  he  went  in  company  with  John  Surratt  to  the  theatre  — 

Mr.  Doster.     I  wish  — 

The  President.  The  counsel  will  allow  the  witness  to  answer 
the  question  ;  and,  if  he  objects  to  the  answer,  let  him  make  it  for- 
mally after  the  witness  has  got  through. 

A.  I  remember  the  fact  of  his  having  been  there,  by  Payne 
going  to  the  theatre  with  Surratt  at  this  time.  It  was  when  "Jane 
Shore"  was  playing.  Forrest  was  playing  at  the  theatre  at  that 
time.  Forrest  played  four  nights  that  week.  Payne  went  with 
John  SuiTatt,  Miss  Fitzpatrick,  and  Miss  Dean.  SuiTatt  had  got 
a  ten-dollar  ticket.  The  next  day,  this  horseback-ride  occurred ; 
and  the  next  day  (the  17th)  I  communicated  my  suspicions  to 
Captain  Grleason,  of  the  War  Department.  I  had  spoken  to  him 
previously,  on  various  occasions,  about  this  blockade-mnner,  and 
about  this  woman ;  but  I  cannot  fix  the  precise  date. 

Mr.  Doster.  I  object  to  the  reception  of  the  testimony  just 
given  so  far  as  it  goes  further  than  a  mere  answer  to  my  question. 
I  asked  the  witness  to  fix  a  date.  He  has  fixed  the  date  ;  namely, 
the  evening  of  the  13th  of  March.  Beyond  that  I  asked  nothing; 
and  all  that  he  has  said  beyond  it  is  mere  surplusage,  and  does  not 
bear  on  the  case. 

Assistant  Judge  Advocate  Burnett.  The  gentleman  asked 
him  further,  whether  that  date  was  the  time  when  he  communicated 
his  suspicions  to  the  Government.  That  was  an  additional  part  of 
the  question ;  and  the  witness  has  gone  on  to  fix  it. 

The  Commission  overruled  the  objection. 

By  Mr.  Cox  : 

Q.  Do  I  understand  the  witness  now  to  fix  the  16th  of  jMarch 
as  the  date  of  that  horseback-ride  ? 

The  Witness.     Yes,  sir  :  to  the  best  of  my  recollection. 


the    trial.  45 

Colonel  H.  H.  Wells  ^ 

recalled  for  the  prosecution. 

By  Assistant  Judge  Advocate  BiNOiLiM : 

Q.  State  to  the  Court  whether  you  had  the  prisoner  Payne 
in  your  custody  on  the  night  of  his  arrest, — the  17th  of  April 
last. 

A.    I  had. 

Q.    Was  he  dressed  in  the  dark-gray  coat  he  now  has  on? 

A.  Yes,  sir :  he  had  on  that  coat,  a  pair  of  black  pants,  and 
something  that  looked  like  a  skull-cap.  I  took  off  his  coat,  shirt, 
pants,  vest,  and  all  his  clothing,  the  next  day,  on  board  of  the 
monitor. 

Q.  [Submitting  to  the  witness  a  pair  of  pantaloons  and  a  vest.] 
Do  you  recognize  these  ? 

A.  These  were  worn  by  him.  He  had  a  white  shirt  on  at  the 
time,  a  linen  shirt,  and  an  undershirt  minus  one  sleeve. 

Q.  [Submitting  a  box  containing  the  various  articles  named.] 
Do  you  recognize  them  all  ? 

A.  Those  are  the  articles  :  there  is  a  very  distinct  mark  by 
which  they  can  be  recognized.  I  pointed  it  out  to  the  prisoner  at 
the  time  in  the  examination.  I  described  to  her  what  I  supposed 
his  condition  was  when  he  committed  the  assault,  and  said  to  him 
that  I  should  find  the  blood  on  the  coat-sleeve  inside  of  the  coat  he 
is  wearing.  I  found  it  also  on  the  white  shirt-sleeve.  [The  wit- 
ness exhibited  the  blood-spots  thus  referred  to.]  I  called  his  atten- 
tion to  it  at  the  time,  and  said,  "  What  do  you  think  now  ?  "  He 
leaned  back  against  the  side  of  the  boat,  and  said  nothing. 

[The  articles  referred  to  were  offered  in  evidence  without  objec- 
tion.] 

I  also  took  from  him  the  boots  that  have  been  shown  here. 
There  was  then  upon  them  a  broad  ink-stain,  that  is  now  to  be 
seen  on  one  of  them,  on  the  inside.  I  asked  him  where  he  got  those 
boots.  He  said  that  he  bought  them  in  Baltimore,  and  had  worn 
them  three  months.  I  called  his  attention  to  the  falsehood  that 
was  apparent  from  the  fact  that  the  boots  had  only  been  slightly 
worn.     He  made  no  reply  to  that.    I  then  took  him  away  with  me, 


46  THE     TRIAL. 

and  sent  one  of  the  boots  to  the  Treasury  Department, — if  possible, 
to  ascertain  what  that  name  was. 

Cross-examined  by  Mr.  Doster  ; 

Q.  I  understood  you  to  say  that  you  saw  blood  on  the  coat  the 
prisoner  has  on  now  ? 

A.    Yes,  sir. 

Q.    Wliereabouts  was  that  blood  ? 

A.    On  the  lining  of  the  sleeve. 

Q.    Which  side  ?  —  outside  ? 

A.  No,  sir :  I  turned  the  sleeve  up,  inside ;  I  think,  on  the  left 
arm. 

Q.    Did  you  not  threaten  the  prisoner  at  the  time  ? 

A.   No,  sir  :  I  did  not. 

Q.  Did  you  not,  at  the  time  you  were  examining  about  those 
boots,  and  he  told  you  he  had  worn  them  three  months,  tell  him 
be  was  a  liar  ? 

A.    I  think  I  did  :  I  told  him  that  several  times. 

Q.  You  are  very  positive,  however,  that  the  blood  was  found  on 
this  coat  ? 

A.    Yes,  sir. 

Q.    Did  you  see  blood  on  any  other  coat  ? 

A.  Yes,  sir :  on  the  overcoat  that  was  brought  to  me  from  near 
Fort  Bunker  Hill,  there  were  stains  that  appeared  to  be  blood-stains. 
I  called  the  prisoner's  attention  to  the  fact ;  and  I  said,  "  How  did 
that  blood  come  there?  "  Said  he,  '*  It  is  not  blood  !  "  I  said, 
"  Look  and  see,  and  say  if  you  can  tell  me  it  is  not  blood."  He 
looked  at  it  apjain,  and  said,  "I  do  not  know  how  it  came  there." 

Q.    How  did  you  know  it  was  blood  ? 

A.   Because  I  saw  it. 

Mrs.  Eleanor  Bloyce  (colored), 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

By  the  Judge  Advocate  : 
Q.    Where  do  you  live  ? 
A.    At  Bryantown. 


THE     TRIAL.  47 

Q.    Do  you  know  the  prisoner  Dr.  Mudd  ? 

A.    Yes,  sir. 

Q.    How  far  does  he  liv9  from  Bryantown  ? 

A.    About  four  miles,  I  reckon. 

Q.  Will  you  state  whether  or  not,  on  the  day  after  the  Presi- 
dent was  murdered, — that  is  to  say,  on  Saturday,  the  15th  of  April 
last,  —  you  saw  Dr.  Mudd  riding  into  Bryantown  ? 

A.    Yes,  sir. 

Q.    Can  you  state  at  what  hour  that  was  about  ? 

A.    I  cannot. 

Q.    What  hour  do  you  think  ? 

A.  It  was  getting  late  in  the  evening.  It  was  a  dark,  foggy 
day  :  I  could  not  see  the  sun. 

Q.    Do  you  think  it  was  three  or  four  o'clock  ? 

A.  I  think  so  ;  but  it  might  have  been  later.  I  do  not  know : 
I  cannot  say. 

Q.    Was  he  alone,  or  accompanied  by  somebody  else  ? 

A.    There  was  a  gentleman  with  him  when  he  passed. 

Q.    Were  you  near  enough  to  observe  that  person  ? 

A.  No,  sir  :  I  was  not  near  enough  to  him  to  observe  the  gentle- 
man.    I  live  about  a  quarter  of  a  mile  from  the  road. 

Q.    Were  both  on  horseback  ? 

A.    Yes,  sir. 

Q.    How  far  do  you  live  from  the  town? 

A.    Not  more  than  half  a  mile. 

Q.  Did  they  both  go  uito  town  together  ?  or  did  only  one  of  them 
go  to  the  town  ? 

A.  I  do  not  know.  They  were  together  until  they  were  out  of 
my  sight. 

Q.    How  long  was  it  before  Dr.  JMudd  returned? 

A.    A  short  time. 

Q.  How  long  after  that  was  it  before  you  went  into  town  your- 
self? 

A.    Not  more  than  eight  or  ten  minutes. 

Q.  On  your  arriving  there,  did  you  find  the  soldiers  from  Wash- 
ington ? 

A.    Yes,  sir. 


48  THE     TETJLL. 

Q.    Did  you  hear  the  marder  of  the  President  spoken  of  then? 

A.   Yes,  sir. 

Q.    You  do  not  know  how  long  those  soldiers  had  been  in  town? 

A.    No,  sir  :  I  found  them  there. 

Q.  You  think  it  was  not  more  than  ten  or  fifteen  minutes  be- 
fore the  doctor  passed,  returning  home,  when  you  went  into  town? 

A.    No,  sir :  I  do  not  think  it  was  any  more. 

Q.    "Was  this  other  man  riding  with  him  ? 

A.  Yes  :  when  he  went.  When  Dr.  Sam.  came  back^  the  gentle- 
man was  not  with  him. 

Q.  Will  you  state  what  you  heard  in  town  that  day  about  the 
President  being  murdered,  — what  was  said  ? 

A.  I  did  not  learn  any  thing,  only  that  he  was  shot  on  Friday 
nio-ht  at  the  theatre. 

Q.    Did  you  or  not  hear  it  said  who  had  shot  him  ? 

A.    No,  sir :  I  did  not. 

Q.  You  just  heard  this  on  the  streets?  or  did  you  make  any  par- 
ticular inquuies  ? 

A.   I  heard  it  from  persons  talking  in  Bryantown. 

Cross-examined  by  Mr.  Stoisle  : 

Q.   How  far  did  you  say  you  lived  from  Biyantown? 

A.    Not  more  than  half  a  mile. 

Q.    You  say  Dr.  Mudd  came  back  by  himself? 

A.  Yes,  sir :  when  I  saw  him.  When  he  passed  me  the  first 
time,  I  saw  a  gentleman  with  him.  When  he  returned,  I  did  not 
see  the  gentleman  with  him. 

Q.    Do  you  know  who  that  gentleman  was? 

A.  No  :  I  do  not.  I  was  too  far  from  the  road  to  know  what 
gentleman  it  was. 

Q.    How  far  were  you  from  the  road  ? 

A.  I  reckon  I  live  about  a  quarter  of  a  mile  from  the  road ;  but 
I  know  the  doctor. 

Q.    Can  you  tell  what  sort  of  a  looking  man  the  other  one  was  ? 

A.  No,  sir  :  I  was  too  far  from  the  road  to  tell  you  what  sort 
of  a  looking  gentleman  it  was. 

Q.  When  you  went  into  Bryantown  yourself,  you  did  not  see 
him  there  ? 


THE     TRIAL.  49 

A.  No  :  he  had  returned  before  I  went  to  Bryantown.  I  went 
to  Bryantown  in  a  very  short  time  after  he  passed  my  house. 

Q.  If  he  had  come  back  the  same  road  without  Dr.  Mudd,  he 
would  have  had  to  pass  your  house  in  the  same  way  ? 

A.    Yes,  sir. 

Q.    And  you  would  have  been  likely  ^/)  see  him  ? 

A.  No  :  I  was  not  all  the  time  there.  I  happened  to  be  stand- 
ing at  the  door,  and  looking  down  the  road,  when  I  saw  Dr.  Mudd 
pass,  and  a  gentleman  with  him.  When  he  went  back,  the  gentle- 
man was  not  with  him. 

Q.    How  long  do  you  think  the  doctor  staid  in  Bryantown  ? 

A.  I  do  not  think  he  staid  a  quarter  of  an  hour  ;  but  I  do  not 
know  :  I  have  not  any  thing  to  tell  by. 

Q.    Was  it  not  a  dark,  cloudy  evening  ? 

A.  Yes,  sir :  it  was  a  dark,  drizzly,  foggy  evening. 

Q.    Was  it  getting  on  to  sunset  ? 

A.  It  was  getting  late  in  the  evening,  —  not  exactly  towards 
sunset. 

Q.    How  far  does  Dr.  Mudd  live  from  Bryantown  ? 

A.  I  reckon,  about  four  miles,  —  perhaps  not  that  far :  I  do  not 
know  the  exact  distance. 

Q.  Could  you  tell  whether  it  was  an  old  man  or  a  young  man 
who  was  riding  with  Dr.  Mudd  ? 

A.   I  could  not  tell. 

Q.    Could  you  tell  what  sort  of  a  horse  he  was  on  ? 

A.  I  did  not  take  much  account  of  it,  because  I  have  often 
seen  the  doctor  pass  that  road.  The  horse  appeared  to  me  to  be  a 
bay  horse. 

Q.    The  horse  the  other  man  was  riding  ? 

A.   Yes,  sir  :  the  horse  the  other  gentleman  was  riding. 

Q.    What  sort  of  a  horse  was  the  doctor  riding? 

A.  I  think,  a  kind  of  dark-gray ;  but  I  did  not  take  much  no- 
tice of  the  horse,  because  I  know  the  doctor  when  I  see  him. 

Q.    Were  they  riding  fast  or  slow,  or  at  the  usual  gait  ? 

A.    A  tolerable  gait,  like  he  generally  rides. 

Q.    Not  riding  faster  than  persons  usually  ride  in  the  country? 

A.   No,  sir :  no  faster  than  usual. 

VOL.  II.  6 


50  THE     TRIAL. 

Q.    Could  you  tell  wlietlier  the  man  witli  the  doctor  was  a  large 
man  or  a  small  man  ? 

A.   I  could  not.     I  was  too  far  from  the  road ;  and  I  took  but 
little  account  of  it.     I  did  not  pay  much  particular  notice. 

Q.    Were  they  riding  side  by  side,  or  one  before  the  other? 

A.   They  were  riding  side  by  side  when  I  saw  them. 

Q.  The  soldiers  had  been  passing  about  there  that  day,  had  they 
not? 

A.  Not  that  I  know  of.  I  never  heard  of  it  until  I  went  to 
town. 

Q.    You  did  not  see  any  pass  your  house  ? 

A.   I  did  not. 

Q.    Which  road  do  you  live  on  ?     Is  it  up  the  swamp  ? 

A.   I  live  on  the  right. 

Q.    On  the  road  that  leads  up  the  swamp  ? 

A.   I  live  on  the  road  that  leads  up  to  Dr.  Mudd's  ? 

Q.  There  is  no  road  that  turns  out  between  your  house  and 
Bryantown,  is  there  ? 

A.   No,  sir :  not  going  down  to  the  town. 

Q.  There  is  no  road  between  your  house  and  Bryantown  but 
one  ?  —  no  fork  at  all  ? 

A.   No,  sir. 

Q.  And,  if  the  man  that  went  with  Dr.  Mudd  had  returned,  he 
would  have  been  obliged  to  go  by  your  house  ? 

A.  Yes,  sir :  he  was  obliged  to  go  through  Bryantown,  or  go 
back  the  same  way  as  he  went. 

By  the  Judge  Advocate  : 

Q.  Did  the  doctor  return  before  you  started  to  the  town  ?  or  did 
you  meet  him  ? 

A.  He  had  passed  my  house  before  I  started  :  a  very  short 
time,  though. 

Mrs.  Becky  Bkiscoe  (colored), 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 
Q.    Where  do  you  live  ? 


THE     TRIAL.  51 

A.   At  Mr.  Jobn  McPherson's. 

Q.    How  far  from  the  town  of  Brjantown  ? 

A.   A  very  little  distance  :  I  do  not  know  exactly. 

Q.    Half  a  mile,  or  a  quarter  of  a  mile  ? 

A.    I  reckon,  about  a  quarter  of  a  mile. 

Q.    Do  you  know  the  prisoner  Dr.  Mudd  ? 

A.    Yes  :  I  know  Dr.  Samuel  Mudd. 

Q.  State  whether,  on  Saturday,  the  day  after  the  President  was 
murdered,  you  saw  Dr.  Mudd  riding  into  town,  or  not. 

A,  Yes,  sir :  I  saw  the  doctor  riding  with  a  strange  gentleman : 
I  do  not  know  who  he  was. 

Q.    What  time  of  day  was  it? 

A.    I  reckon,  about  three  o'clock. 

Q.  Could  you  tell  whether  it  was  a  young  man  who  was  riding 
with  him  ? 

A.  I  could  not  tell  that.  I  was  standins:  in  the  kitchen-door  ; 
and  this  gentleman  was  on  the  other  side  of  Dr.  Mudd  :  Dr.  Mudd 
was  on  the  side  next  to  the  house. 

Q.  Do  you  know  whether  they  went  into  town  together,  or  sepa- 
rated ? 

A.  This  gentleman  went  towards  the  bridge,  and  the  doctor  kept 
on  to  Bryantown  ;  and  this  gentleman  came  back  again. 

Q.    Where  did  he  go  when  he  came  back  ? 

A.  He  kept  on  down  the  road  to  the  swamp :  when  I  saw  him 
again,  he  and  Dr.  Sam.  were  going  up  the  road  together. 

Q.    Did  he  go  into  the  swamp  ? 

A.   He  just  stood  there  at  the  swamp. 

Q.    Did  he  stay  there  until  the  doctor  came  back  ? 

A.   Yes  :  he  staid  until  the  doctor  came  back. 

Q.    How  long  do  you  think  the  doctor  was  gone  ? 

A.   Half  an  hour,  I  reckon,  —  a  very  little  while. 

Q.   How  far  is  the  bridge  you  speak  of  from  the  town  ? 

A.   A  little  distance  from  the  town,  —  about  half  a  mile,  I  expect. 

Q.    Is  it  nearer  the  town  than  your  house  ? 

A.   Yes,  sir. 

Q.    Is  it  quite  near?     Is  it  in  sight  of  the  town  ? 

A.    Yes,  indeed :  it  is  in  sight  of  the  town. 


52  THE     TRIAL. 

Q.  You  say,  that,  when  they  got  there,  he  turned  back,  and  went 
to  the  swamp  ? 

A.  Yes  :  this  gentleman  came  back;  and  Dr.  Mudd  went  on  to 
Bryantown,  and  staid  a  little  time. 

Q.    Did  you  go  to  town  that  day? 

A.    Yes,  sir  :  I  went  after  he  came  back. 

Q.    How  long  after  ? 

A.  A  very  little  while.  I  was  almost  ready  then  to  go  to  Bryan- 
town. 

Q.  When  you  got  into  the  town,  will  you  state  whether  you  heard 
of  the  murder  of  the  President? 

A.    I  never  heard  it  until  I  got  into  town :  then  I  heard  it. 

Q.  Did  you  hear  it  said  by  the  people  who  were  talking  who 
was  supposed  to  have  murdered  hira  ? 

A.  No,  sir :  I  never  heard  that  until  two  or  three  days  after, 
when  I  heard  that  the  man  who  killed  him  was  named  Booth. 

Q.  You  heard  the  fact  that  he  had  been  killed  spoken  of  in 
town  ? 

A.    Yes,  sir. 

Cross-examined  by  Mr.  Stone  : 

Q.  Do  you  live  at  Mr.  John  McPherson's? 

A.  Yes,  sir. 

Q.  At  the  house  there  ? 

A.  Yes,  sir ;  and  I  was  standing  in  the  door  when  Dr.  Mudd 
and  that  gentleman  came  up. 

Q.  There  are  no  woods  between  McPherson's  and  Bryantown  ? 

A.  No,  sir  ;  no  woods. 

Q.  The  bridge  is  just  a  little  way  from  there,  at  a  gate  ? 

A.  Yes,  sir. 

Q.  That  swamp  which  you  spoke  of  is  not  Heschre  Swamp? 

A.  No,  sir. 

Q.  You  mean  the  run  on  the  other  side  of  your  house  ? 

A.  Yes,  sir ;  just  right  down  below  the  bam. 

Q.  You  say  Dr.  Mudd  and  this  man  went  along,  and  the  latter 
stopped  at  the  bridge  ? 

A.  Yes,  sir  :  he  stopped  at  the  bridge,  and  came  back  again. 


THE     TRIAL.  53 

Q.    Came  straight  back  ? 

A.   Yes ;  and  went  as  far  as  tbe  swamp. 

Q.    How  long  was  it  then  before  you  went  to  town  ? 

A.   A  very  little  while  :  I  cannot  tell  how  lon<>:  it  was. 

Q.   Did  you  meet  the  doctor  coming  out  of  town  as  you  went  in  ? 

A.  No,  sir  :  I  did  not  meet  him.  I  was  going  to  get  ready  to 
go  to  Bryantown  when  I  saw  the  doctor  passing. 

Q.    Dr.  Mudd  came  back  before  you  started  to  Bryantown  ? 

A.   Yes,  sir. 

Q.    Can  you  see  the  run  at  the  swamp  there  from  McPherson's  ? 

A.  You  cannot  see  it  unless  you  go  a  little  distance  from  the 
barn. 

Q.    Did  you  go  that  little  way  from  the  barn  ? 

A.  No,  sir  :  I  did  not.  I  was  down  in  the  branch,  getting  wil- 
lows for  Dr.  Marshall. 

Q.    You  were  down  in  the  branch? 

A.  Yes,  sir ;  but  I  did  not  go  into  the  same  branch  that  the  gen- 
tleman was  in  :  it  was  only  a  little  hill  there. 

Q.  You  went  to  another  branch  to  get  willows,  and  you  saw  over 
in  that  branch  ? 

A.    Yes,  sir. 

Q.    What  was  he  doing? 

A.  He  was  doino;  nothino;,  sitting:  there  on  the  horse  ;  but  I  did 
not  notice  him  particularly.  I  saw  him  again  going  up  the  road 
with  Dr.  Sam.  Mudd. 

Q.    Did  you  know  what  sort  of  horse  he  rode  ? 

A.    I  think  both  of  them  were  on  bay  horses. 

Q.  Did  Dr.  Mudd  come  back  from  Bryantown  before  you  left 
the  branch  you  were  in  getting  willows  ? 

A.    Yes,  sir  :  I  was  down  there  on  the  hill  when  he  came  by. 

Q.    Could  you  tell  whether  it  was  an  old  man  or  a  young  man? 

A.    I  could  not  tell  that. 

Q.    How  long  did  you  stay  at  Bryantown  that  evening? 

A.   Until  almost  night. 

Q.    Was  it  not  pretty  late  in  the  evening  when  they  passed  ? 

A.    I  think,  quite  late,  —  about  three  o'clock  in  the  evening. 

Q.    Who  else  saw  those  two  persons  riding  ? 
6* 


54  THE     TRIAL. 

A.  There  was  one  boy  at  the  wood-pile,  cutting  wood.  He  said, 
"  There  is  a  strange  man,  I  don't  know  who  he  is,  going  with  Dr. 
Sam.  :  it  must  be  Hamilton  Southards  come  from  Viro;inia."  I  did 
not  know  who  he  was. 

Q.    How  many  soldiers  had  you  seen  pass  there  that  day  ? 

A.  I  did  not  see  any  soldiers  pass  that  day.  The  soldiers  were 
in  Bi-yantown  when  I  got  there. 

Q.  To  whom  did  you  first  tell  that  you  saw  this  man  riding  with 
Dr.  Sam.  ? 

A.  I  told  my  mother  first ;  and  then,  as  people  came  to  talk 
about  it,  I  told  most  of  them  there  that  I  saw  this  man  with  Dr. 
Mudd. 

Q.    Was  that  your  mother  who  was  last  on  the  witness-stand  ? 

A.   Yes,  sir. 

Q.  After  Dr.  Sam.  and  the  person  who  was  with  him  went  to 
Bryantown,  did  you  notice  any  one  else  passing  up  or  down  the 
road? 

A.    No,  sir  :  I  did  not  notice  any  person  else. 

Q.    You  saw  no  one  pass  either  up  or  down  ? 

A.    No,  sir. 

Q.    Can  you  see  into  Bryantown  from  the  bridge  ? 

A.   Yes,  indeed ;  you  can  see  into  Bryantown. 

Q.    You  can  see  it  from  your  house  V 

A.    Yes  :  we  can  from  Mr.  McPherson's  house. 

Q.  Can  you  not  see  Bryantown  from  a  great  distance  up  the  road 
after  you  cross  the  swamp  ? 

A.  You  can  see  the  top  of  Bryantown  right  plain :'  you  cannot 
see  down  in  the  streets  plain. 

Q.  You  can  see  one  place  only  there, —  that  by  where  3Ir.  Turner 
used  to  live  ;  but  you  cannot  see  any  of  the  rest  of  the  town,  can  you  ? 

A.    You  can  see  the  brick  house  there  and  Bean's  store. 

Q.  You  say  that  your  mother  was  the  first  person  to  whom  you 
mentioned  this  circumstance  ? 

A.    Yes  :  my  mother  is  the  first  one  I  told  about  it. 

Q.   Whom  else  did  you  tell  ? 

A.  I  told  the  black  ones  there  about  it,  —  those  that  live  on  our 
place. 


THE     TRIAL.  55 

Q.    Did  you  tell  the  boy  whom  you  have  referred  to  ? 

A.  Yes :  I  asked  him  if  he  knew  that  man  that  rode  with  Dr. 
Sam. ;  and  he  said  he  did  not  know  him. 

Q.    Name  any  one  else  whom  you  told  besides  your  mother. 

A.    I  told  Baker  Johnson. 

Q.    Any  one  else  that  you  know  of? 

A.  The  rest  of  the  folks.  I  told  Mr.  Henry  Johnson  and  Maria 
Kirby  about  it. 

Q.    Did  you  tell  Mr.  McPherson  himself? 

A.  No,  sir. 

Q.    When  did  you  tell  your  mother  and  these  other  folks  ? 

A.  I  told  my  mother  that  day ;  and  then  I  told  them  all  about  it 
next  day  (Sunday) ;  and  I  told  them  about  it  two  or  three  times 
since,  as  they  were  talking  about  that  man. 

Q.  Did  you  tell  all  the  folks  in  the  house  that  that  man  rode 
back  by  himself? 

A.    I  did  not  tell  the  white  folks  so :  I  told  the  colored  folks. 

Q.    Did  you  tell  them  the  spot  in  the  swamp  ? 

A.   Yes,  indeed. 

Q.    Where  he  waited  for  Dr.  Mudd? 

A.    Yes,  sir, 

Q.  And  that,  when  Dr.  Mudd  came  back,  he  and  the  doctor  kept 
on  up  the  road  ? 

A.    Yes,  sir. 

On  motion,  the  Commission  adjourned  until  to-morrow  (Saturday) 
morning,  May  20,  at  eleven  o'clock. 


Saturday,  May  20, 1865. 

On  Saturday,  the  Commission  proceeded  with  its  investigations  as 
follows :  — 

Hon.  C.  a.  Dana, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 


56  THE     TRIAL. 

By  the  Judge  Advocate  : 

Q.  Will  you  state  to  the  Court  what  position  you  occupy  in  the 
public  service? 

A.    I  am  Assistant  Secretary  of  War. 

Q.  [Exhibiting  to  the  witness  a  revolving  cylinder  in  a  frame, 
with  a  table,  composed  of  letters  of  the  alphabet  variously  arranged, 
pasted  on  the  cylinder.]  Look  at  that  article,  and  state  whether  you 
have  seen  it  before,  and  under  what  circumstances, 

A.  I  took  this  out  of  the  office  of  Mr.  Benjamin,  the  Rebel  Sec- 
retary of  State,  at  Richmond.  Richmond  was  evacuated  on  Monday, 
the  3d  of  April.  I  arrived  there  on  the  Wednesday  following,  the 
5th ;  and,  on  the  6th  of  April,  I  went  into  Mr.  Benjamin's  office,  and 
there  this  was  found.  I  sent  it  to  Major  Eckert,  at  the  War  Depart- 
ment, who  has  charge  of  ciphers  there.  I  saw  it  was  a  key  to  the 
official  rebel  cipher ;  and,  as  we  had  a  good  many  of  them  to  decipher 
at  different  times,  this  seemed  to  be  very  interesting ;  and  I  brought 
it  away  accordingly. 

Q.    Did  you  find  it  in  his  trunk  ?  or  where  ? 

A.  No  :  Mr.  Benjamin's  office  had  consisted  of  a  series  of  three 
or  four  rooms.  I  think  there  were  four  rooms  in  succession.  Ben- 
jamin's own  personal  office  was  the  inmost  of  all.  This  was  tlie  next 
room  to  that,  in  the  room  where  his  library  was  :  it  seemed  to  be  a 
room  occupied,  I  should  say,  by  his  most  confidential  clerk  or  assist- 
ant. It  was  there  standino;  on  a  shelf  amonor  his  books  and  other 
things.  Most  of  the  articles  had  been  taken  away  from  the  office  ; 
the  records  had  all  been  taken  away  :  but  I  found  several  interest- 
ing documents,  and  this  among  them. 

By  the  Court  : 

Q.    What  is  the  object  of  this  instrument? 

A.  This  is  a  key  to  a  cipher.  The  purpose  of  this  cipher  is  to 
use  letters  of  the  alphabet  for  other  letters,  as  "  a  "  for  "  x  "  and 
for  "m,"  &c.,  which  follows  a  regular  system.  By  shifting  the 
pointers  fixed  in  the  fi-ame  over  the  cylinder,  according  to  certain 
principles,  you  understand  a  cipher-despatch.  You  can  decipher  it 
by  the  help  of  this,  or  can  put  a  despatch  into  cipher  by  this. 


the    trial.  57 

Major  T.  T.  Eckert 
recalled  for  the  prosecution. 

By  the  Judge  Advocate  : 

Q.  [Submitting  to  the  witness  the  cipher  marked  Exhibit  No.  7, 
and  also  the  Exhibit  No.  59.]  Look  at  the  cipher  which  is  Exhibit 
No.  7,  which  is  said  to  have  been  found  in  the  trunk  of  J.  Wilkes 
Booth,  and  compare  it  with  the  other  cipher  of  which  the  Assistant- 
Secretary  of  War  (Mr.  Dana)  has  just  spoken,  and  state  whether 
or  not  they  are  the  same. 

A.    They  are  the  same.     I  have  examined  and  compared  them. 

Q.  You  are  somewhat  familiar,  are  you  not,  with  the  deciphering 
of  ciphers  of  that  kind  ? 

A.    I  am. 

Q.    You  have  no  doubt  as  to  their  being  the  same  ? 

A.    None  at  all. 

Q.  Will  you  state  whether  or  not  cipher-despatches  from  the 
rebel  authorities  have,  from  tune  to  time,  fallen  into  the  hands  of 
the  department,  and  been  referred  to  you  for  examination  ? 

A.    They  have  been. 

Q.  Will  you  state  whether  or  not  they  were  the  same  cipher  with 
these  of  which  you  are  now  speaking  ? 

A.    Some  were  worked  on  the  same  principles. 

Q.  I  speak  now  particularly  of  cipher-despatches  of  the  13th  and 
19th  of  October  last.     Have  you  them  in  your  possession  ? 

A.    I  have. 

Q.    Have  you  the  originals  ? 

A.   We  have  not  the  originals.    We  have  copies  of  the  originals. 

Q.    Will  you  produce  them  ? 

[The  witness  produced  copies  of  the  originals  of  the  despatches, 
and  also  translations  of  the  despatches  as  deciphered.] 

Q.  State  whether  or  not  those  despatches  are  written  in  the  same 
cipher  with  the  others  of  which  you  have  spoken. 

A.  I  think  they  are  written  in  the  same  cipher.  There  may  be 
a  difference  of  the  key,  as  every  thing  depends  on  that ;  but  the 
principle  is  the  same. 

Q.    Have  you  translated  them  ? 


68  THE     TRIAL. 

A.    My  clerks  have. 

Q.  Do  you  mean  that  the  cipher  used  is  the  same  as  that  on  the 
wheel  dosio-nated  Exhibit  No.  59  ? 

A.  They  were  worked  out  without  this  cipher,  or  any  knowledge 
of  this  at  the  time ;  but  it  is  the  same  principle  as  the  wheel. 

Q.    Are  these  translations  of  those  despatches? 

A.  [After  examining  the  originals  and  translations.]  These  are 
the  translations. 

The  despatches  were  read,  as  follows  :  — 

"  October  13,  1864. 

"  "We  again  urge  the  immense  necessity  of  our  gaining  immediate 
advantages.  Strain  every  nerve  for  victory.  We  now  look  upon 
the  re-election  of  Lincoln  in  November  as  almost  certain ;  and  we 
need  to  whip  his  hu-elings  to  prevent  it.  Besides,  with  Lincoln 
re-elected  and  his  armies  victorious,  we  need  not  hope  even  for 
recognition,  much  less  the  help  mentioned  in  our  last.  Holcombe 
will  explain  this.  Those  figures  of  the  Yankee  armies~are  correct 
to  a  unit.  Our  friend  shall  be  immediately  set  to  work  as  you 
direct." 

"October  19,  1864. 

*'  Your  letter  of  the  13th  instant  is  at  hand.  There  is  yet  time 
enough  to  colonize  many  voters  before  November.  A  blow  will 
shortly  be  stricken  here.  It  is  not  quite  time.  General  Longstreet 
is  to  attack  Sheridan  without  delav,  and  then  move  North  as  far  as 
practicable,  towards  unprotected  points. 

"  This  will  be  made  instead  of  movement  before  mentioned. 

"■  He  will  endeavor  to  assist  the  Republicans  in  collecting  their 
ballots.     Be  watchful,  and  assist  him." 

Q.   You  state  that  these  cipher-despatches  were  copies  ? 

A.  Yes,  sir. 

Q.  Will  you  please  state  whether  or  not  the  originals  were  sent 
to  their  destination  ? 

A.    The  originals  were  sent  to  Richmond. 

Q.  They  passed  through  the  War  Department,  and  were  for- 
warded ? 


THE     TRIAL.  59 

A.    Yes,  sir. 

Q.  From  what  direction  did  the  cipher  of  the  13th  of  October 
come? 

A.    It  came  from  Canada,  as  I  understood. 

Q.    And  went  to  Richmond  ? 

A.    Yes,  sir. 

Q.  And  the  answer  to  it,  of  the  19th, — fi'om  what  direction 
did  it  come  ? 

A.    From  Richmond,  and  went  to  Canada. 

BraGADIER-GENEIlAL    ALEXANDER   J.    HAMILTON, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q.  State  whether  or  not  you  are  familiar  with  the  handwriting 
of  W.  S.  Oldham. 

A.  Williamson  S.  Oldham  is  his  name.  I  am  as  familiar  with 
it,  I  think,  as  I  am  with  the  handwriting  of  any  one  living. 

Q.  [Submitting  to  the  witness  the  letter  signed  "  W.  S.  Oldham," 
and  marked  Exhibit  No.  42.]  State  whether  or  not  that  letter  is 
in  his  handwriting. 

A.    It  is. 

Q.  Will  you  state  whether  or  not,  at  the  time  of  writing  it,  he 
was  a  member  of  the  Senate  of  the  so-called  Confederate  States, 
from  Texas? 

A.  I  will  answer  you,  that,  in  1861,  I  was  present  when  he  was? 
elected  by  the  Rebel  Legislature  of  Texas  to  a  seat  in  the  Senate  of 
the  Rebel  Government ;  and  since  then  I  know,  simply  as  a  matter 
of  public  history,  that  he  has  occupied  that  position. 

Q.    Was  he  elected  for  six  years? 

A.  Yes,  sir :  I  so  understood  it.  I  have  seen  many  speeches 
of  his  from  the  Rebel  Senate,  and  resolutions  and  bills  introduced 
by  him,  in  the  public  prints. 

Q.    You  are  a  citizen  of  Texas? 

A.   Yes,  sir. 

Q.    Formerly  a  member  of  Congress  from  that  State  ? 


60  THE     TRIAL. 

A.   Yes,  sir. 

Q.  Do  you  know  any  tbing  of  the  Professor  McCullough  spoken 
of  in  the  body  of  that  letter  ? 

A.  I  know  nothing  of  the  parties  named  in  the  letter.  I  know 
only  the  writer  of  the  letter. 

Surgeon-General  Joseph  K.  Barnes 
recalled  for  the  prosecution. 

By  the  Judge  Advocate  : 

Q.  State  whether  or  not  you  made  an  examination  of  the  body 
of  J.  Wilkes  Booth  after  his  death,  when  brought  to  this  city. 

A.    I  did. 

Q.  Describe  to  the  Court  the  scar  which  is  alleged  to  have  been 
on  his  neck. 

A.  The  scar  on  the  left  side  of  the  neck  was  occasioned  by  an 
operation  performed  by  Dr.  May,  of  this  city,  for  the  removal  of  a 
tumor,  some  months  previously  to  Booth's  death. 

Q.  What  was  its  peculiar  appearance,  if  it  had  any  peculiar 
appearance  ? 

A.  It  looked  like  the  scar  of  a  bum,  instead  of  an  incision ; 
which  Dr.  May  explained,  from  the  fact  that  the  wound  was  torn 
open  on  the  stage,  when  nearly  healed. 

Q.    How  near  was  it  to  the  ear? 

A.  Three  inches  below  the  ear,  upon  the  large  muscle  of  the 
neck. 

Frank  Bloyce  (colored), 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

By  the  Judge  Advocate  : 

Q.  State  where  you  live. 

A.  I  live  in  Charles  County,  Md. 

Q.  In  town,  or  in  the  country? 

A.  In  the  country. 

Q.  How  far  from  Bryantown  ? 

A.  About  half  a  mile. 


THE     TRIAL.  61 

Q.  Were  jou  in  Bryantown  on  the  Saturday  after  tbe  murder 
of  the  President  ? 

A.    I  was  there  in  Bryantown  on  Saturday  evening. 

Q.    At  what  time  were  you  there  ? 

A.   About  three  or  four  o'clock,  as  near  as  I  can  come  at  it. 

Q.    About  four  o'clock  ? 

A.    Between  three  and  four  o'clock. 

Q.    Did  you  or  not  see  the  prisoner  Dr.  Mudd  there? 

A.  Yes,  sir :  I  saw  him  there  on  Saturday  evening.  I  was  in 
the  store  buying  something. 

Q.    What  time  do  you  think  it  was  when  you  saw  him  there  ? 

A.    Between  three  and  four  o'clock  on  Saturday. 

Q.    Where  did  you  see  him,  — in  the  streets,  or  in  the  store? 

A.    He  came  in  the  store  while  I  was  in  there. 

Q.  Will  you  state  whether  or  not  the  soldiers  from  Washington 
had  then  arrived  in  Bryantown  ? 

A.    I  do  not  know  exactly  whether  they  had  or  not. 

Q.  You  did  not  see  them  ?  You  do  not  know  whether  they  had 
or  not  ? 

A.    No,  sir. 

Cross-examined  by  Mr.  Ewing  : 

Q.    Were  you  around  about  the  town  during  that  time  ? 

A.  Yes,  sir :  I  was  in  the  store.  I  was  not  about  the  town : 
I  was  in  the  store  buying  some  things.  I  did  not  take  much  notice 
of  Dr.  Mudd  there  then,  I  had  met  him  so  frequently. 

Q.    At  what  time  did  you  leave  the  store  ? 

A.    When  I  left  the  store,  the  road  was  guarded, 

Q.    At  what  time  did  you  leave  the  store  ? 

A.  I  left  the  store  just  before  night.  He  was  gone  before  I 
was. 

Q.    At  what  time  did  you  go  into  the  store  ? 

A.  I  went  into  the  store  just  as  quick  as  I  went  into  the  town. 
It  was  between  three  and  four  o'clock.  I  never  stopped  at  any 
place,  but  went  straight  to  the  store. 

Q.    How  long  had  Dr.  Mudd  left  it  before  you  left  it? 

A.    I  do  not  know  about  that.     I  do  not  know  when  he  started. 

VOL.   II.  6 


62  THE     TRIAL. 

I  did  not  see  him  when  he  started  from  the  store  :  I  did  not  take 
that  much  notice. 

By  the  Court  : 

Q.    Which  one  of  the  Dr.  Mudds  was  it  ? 
A.    Dr.  Samuel  Mudd. 

Q.  Was  the  report  of  the  President's-  assassination  in  Bryantown 
at  that  time  ? 

A.    I  do  not  know. 

By  Mr.  Ewing  : 

Q.    Did  you  hear  any  thing  about  the  President's  assassination  ? 
A.   No,  sir:  I  did  not.     I  never  heard  it  until  the  door  was 
guarded. 

Q.    Then  you  heard  it,  did  you? 
A.  Yes,  sir. 

Q.    And  that  was  a  little  before  night  ? 
A.    Yes,  sir  :  a  little  before  night. 

By  the  Court  : 

Q.    You  heard  it  before  you  left  Bryantown? 

A.    Oh,  yes,  sir ! 

John  H.  Ward, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q.    Will  you  state  where  you  live  ? 

A.    At  Bryantown,  Charles  County,  Md. 

Q.  Will  you  state  whether  you  were  there  on  the  afternoon  of 
the  day  following  the  murder  of  the  President, — Saturday,  the  15th 
of  April? 

A.  I  was  in  Bryantown  then.  I  live  in  the  suburbs  of  the  vil- 
lage. I  left  my  home,  went  to  the  village  so  soon  as  I  finished  my 
dinner,  and  arrived  there  about  one  o'clock.  As  soon  as  I  arrived, 
I  observed  that  the  military  were  in  town  with  Lieutenant  Dana ; 
and  I  perceived  also  that  there  was  a  very  great  excitement,  not 
only  with  the  military,  but  with  the  people.     Seeing  the  soldiers 


THE     TRIAL.  63 

alight,  I  imagined  at  once  they  were  going  to  search  the  houses.  I 
went  home,  as  there  was  no  one  there  but  my  wife,  fearing  lest  she 
should  be  alarmed,  and  remained  there  some  time,  expectino-  it 
likely  the  soldiers  would  search  the  houses.  Soon  afterwards,  a 
negro  came  up,  and  said  the  President  had  been  assassinated.  I 
immediately  left  home,  and  went  to  the  village.  After  staying 
there  but  a  short  time,  Lieutenant  Dana  put  the  village  under  mar- 
tial law ;  and  people  began  to  get  excited  about  getting  home.  Many 
of  them  wanted  to  get  home,  and  thought  it  likely  that  they  would 
be  detained  there  for  several  hours,  and  would  frequently  go  and 
make  application  to  the  commanding  officer  to  let  them  go ;  but  he 
refused  to  do  so.  I  returned  home.  Whether  I  said,  or  it  was 
said  in  my  presence,  that  Dr.  Mudd  — 

Q.  State  what  you  know  about  Dr.  Mudd.  Did  you  see  Dr. 
Mudd  the  prisoner  there  ? 

A.  I  cannot  say  positively  that  I  ^did  see  Dr.  Mudd.  The  ex- 
citement was  so  great,  that  I  cannot  say  positively  that  I  saw  him  at 
the  village. 

Q.  What  is  your  best  recollection  about  your  having  seen  him 
on  that  occasion  ? 

A.  I  would  not  like  to  say  positively  that  I  saw  him  there  ;  but 
it  recurs  to  me  by  faint  memory  that  he  was  there.  I  could  not 
swear  positively  that  he  was  there.  The  excitement  has  been  so 
great  since  then,  and  at  that  particular  time,  that  it  would  be  im- 
possible for  me  to  weigh  the  thoughts  of  that  day  at  the  present 
moment. 

Q.    You  say  you  reached  the  town  at  about  one  o'clock  ? 

A.    I  judge  so,  sir. 

Q.  You  found  the  military  there,  and  the  people  very  much 
excited  ? 

A.   Yery  much  excited. 

Q.    You  returned  home  ? 

A.    I  returned  home. 

Q.    And  then  you  came  back  to  the  town  at  what  time  ? 

A.    I  suppose  I  remained  home  about  three-quarters  of  an  hour. 

Q.  And  then,  when  you  returned  to  the  town,  did  you  or  not 
hear  of  the  assassination  of  the  President  ? 


64  THE     TRIAL. 

A.    I  heard  it. 

Q.  Did  you  hear,  in  connection  with  it,  the  name  of  the  as- 
sassin ? 

A.    I  did. 

Q.    "UTiat  name  ? 

A.  Booth.  Some  gave  the  name  of  Booth,  and  others  Boose  ; 
but  the  inference  was  that  it  was  Booth. 

Q.  Did  you  hear  it  spoken  of,  everywhere  where  the  assassina- 
tion itself  was  spoken  of,  that  he  was  the  assassin  ? 

A.  At  Bryantown,  where  I  was,  I  heard  it  spoken  of  by  every- 
body, —  first  by  the  miUtary,  and  they  communicated  the  idea  to 
the  citizens,  and  they  spread  it  about  that  Booth  was  the  assassin. 

Q.    At  what  hour  do  you  suppose  it  was  that  you  heard  it  ? 

A.  I  suppose  it  was  between  one  and  two  o'clock.  It  was  a 
very  cloudy  day,  and  I  never  paid  any  particular  attention  to  the 
time  of  day ;  but  it  was  between  one  and  two  o'clock. 

Cross-examination  by  Mr.  Ewing  : 

Q.  At  what  time  did  you  leave  Bryantown  the  second  time  that 
you  went  up  ? 

A.  I  could  not  tell  exactly  the  moment  of  the  day,  because  I 
had  no  time  :  it  was  a  real  cloudy  day ;  and  I  was  paying  but  little 
attention  to  the  passing  moments  of  the  day,  and  could  not  give  any 
precise  time  that  I  left. 

Q.    I  said  about  what  time  ? 

A.   I  suppose  it  was  between  two  and  three  o'clock. 

Q.  Do  you  mean  between  two  and  three  o'clock  that  ypu  left  the 
second  time? 

A.  Between  two  and  three  o'clock  that  I  left  the  second  time. 
I  guess  it  was  verging  on  one  o'clock  when  I  first  arrived  at  Bryan- 
town ;  and  then  I  found  the  excitement.  I  left  immediately ;  staid 
but  a  very  short  while  ;  and,  in  a  very  few  moments,  it  was  told  me 
that  the  President  had  been  assassinated.  I  came  immediately  to 
Bryantown,  and  remained  there  some  while  afterwards.  Indeed,  I 
could  not  state  how  long  I  remained  before  I  left  for  home. 

Q.  Did  you  hear  that  the  President  had  been  assassinated  before 
you  left  Bryantown  the  first  time  ? 


THE     TRIAL.  65 

A.   No,  sir.     The  first  knowledge  I  had  of  it  was  by  the  darky. 

Q.  You  said  that  some  said  the  name  of  the  assassin  was 
"Boose"? 

A.  That  name  was  spoken  by  the  soldiers  with  whom  the 
English  language  was  hardly  conversant.  They  could  not  say 
"Booth"  audibly. 

By  the  Judge  Advocate  : 

Q.    I  suppose  they  were  German  soldiers  ? 
A.  I  suppose  so.     Very  likely,  if  you  had  told  them  the  name 
was  "  Booth,"  they  would  call  it  "  Boose,"  or  something  like  that. 

By  Mr.  Ewing  : 

Q.    Some  said  it  was  **  Boose,"  and  some  said  it  was  "  Booth"? 

A.  Yes,  sir.  Those  who  could  speak  audibly  told  me  it  was 
"  Booth;  "  and  those  who  seemed  to  have  an  amalgamation  of  the 
languages  called  it  "  Boose." 

Q.  Where  were  you  when  you  first  heard  that  the  President  was 
assassinated  ?     Were  you  at  your  house  ? 

A.    No,  sir  :  I  left  my  house  when  I  heard  it. 

Q.    Where  did  you  hear  it  first  ?     At  your  home  ? 

A.  I  heard  it  at  home  ;  I  heard  it  at  my  house  ;  and  I  have 
told  you  it  was  on  the  authority  of  a  darky  that  I  heard  it. 

Q.    Who  was  the  "  darky  "  ? 

A.    A  brother  of  the  fellow  whose  testimony  you  have  just  taken. 

Q.    What  is  his  name  ? 

A.  Charles  Blovce.  He  told  me  that  the  President  had  been  as- 
Bassinated.  I  immediately  left  home,  and  went  to  the  village,  where 
I  found  it  a  current  report. 

Q.    Did  you  ask  him  who  had  assassinated  the  President  ? 

A.   I  have  no  knowledge  of  asking  him  that. 

Q.    Did  he  tell  you  who  had  ? 

A.  He  never  told  me.  I  do  not  know  that  he  understood  who 
did  it. 

Q.    In  what  direction  from  the  centre  of  the  town  do  you  live  ? 

A.   I  live  in  a  north  eastern  direction,  principally  in  the  suburbs 


of  the  village. 


6* 


66  THE     TRIAL. 

Q.  Do  you  live  near  or  on  the  road  between  Bryantown  and  Dr. 
Mudd's  ? 

A.  I  live  very  close  to  the  road  leading  through  Bryantown  ; 
but  I  was  never  at  Dr.  Mudd's  house.  I  know  the  direction  ;  but 
I  should  suppose  it  was  between  four  and  five  miles  —  from  what  I 
have  heard  of  Dr.  Mudd's  house  —  from  Bryantown. 

Q.  Do  you  live  near  or  on  the  road  between  Bryantown  and  Dr. 
Mudd's? 

A.    I  do  not. 

Q.  Where  is  it  your  impression  that  you  saw  Dr.  Mudd  in  the 
town  ? 

A.  If  it  be  Dr.  Mudd  that  I  saw,  I  saw  him  going  to  his  horse  ; 
but  I  could  not  say  positively  that  it  was  Dr.  Mudd.  I  must  put 
in  a  "  don't  know  "  as  to  whether  it  was  Dr.  Mudd. 

Q.  Did  you  see  the  face  of  this  person  that  you  supposed  to  be 
Dr.  Mudd  ? 

A.  Not  that  I  know  of;  but  I  could  tell  Dr.  Mudd  by  a  side- 
view  or  a  back-view,  if  I  was  to  see  him  anywhere. 

Q.  If  you  saw  his  back,  then,  as  he  was  walking  off,  you  would 
know  that  it  was  Dr.  Mudd  ? 

A.    Being  near  to  the  doctor,  I  should. 

Q.  How  close  were  you  to  this  person  that  you  thought  was 
him  ? 

A.  I  would  say  about  ten  or  twelve  yards,  standing  on  the  porch 
of  the  store. 

Q.    And  you  are  only  able  to  swear  to  an  impression  ? 

A.    To  an  impression,  —  not  positively. 

Q.    And  a  faint  impression  'I 

A.    To  a  faint  impression  :  I  cannot  swear  positively. 

Q.    What  was  the  color  of  the  horse  that  this  man  was  goins  to? 

A.  I  did  not  note  the  color  of  the  horse.  I  paid  no  attention  to 
it,  and  was  not  thinking  of  his  horse. 

Q.    Do  you  know  the  horse  that  Dr.  Mudd  usually  rides  ? 

A.  I  have  seen  him  on  different  horses,  I  think.  I  have  seen 
him  sometimes  ride  a  bay  horse. 

Q.  Was  the  horse  that  this  man  was  going  to  one  of  the  horses 
you  have  seen  Dr.  Mudd  ride,  or  like  one  of  them  ? 


THE     TRIAL.  67 

A.  If  it  be  Dr.  Mudd  that  was  there,  the  horse  to  whicli  he  was 
going  was  amid  many  horses  ;  and  there  were  so  many  horses  con- 
nected together  there,  that  I  could  not  state  any  thing  in  regard  to 
the  color  of  the  horse. 

Q.    It  was  on  your  first  going  into  Bryantown  that  you  saw  him  ? 

A.    No,  sir  :  the  second  time. 

Q.    Fix  again  the  hour  when  you  went  there  the  second  time. 

A.  I  suppose  it  was  three-quarters  of  an  hour  after  I  went  home  ; 
say  about  three-quarters  after  one. 

Q.    About  a  quarter  before  two  o'clock  ? 

A.   Or  a  quarter  before  two. 

Q.  "Was  this  person  then  in  the  town  ?  Did  you  see  him  as  you 
went  in  ? 

A.  In  leaving  the  house,  I  came  into  the  back  of  the  store  ;  and 
it  was  in  front  of  the  store  that  I  saw  the  person. 

Q.    It  was  immediately  on  your  arrival  the  second  time  ? 

A.    On  my  arriving  the  second  time. 

Q.  Did  you  hear  any  other  name  in  connection  with  the  assassi- 
nation of  the  President,  except  the  names  of  Boose  and  Booth  ? 

A.  I  did  not  at  that  particular  time ;  not  on  that  day,  Saturday, 
April  15th. 

By  the  Judge  Advocate  : 

Q.  Did  you  know  the  prisoner.  Dr.  Mudd,  very  well  when  you 
saw  hun  ? 

A.  I  am  personally  acquainted  with  Dr.  Mudd,  and  have  been 
for  two  years  and  five  months  ;  and,  before  that  time,  I  had  a  tran- 
sient acquaintance  with  him. 

Lieutenant  David  D.  Dana, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

By  the  Judge  Advocate  : 

Q.  Will  you  state  whether  or  not,  on  the  day  following  the  mur- 
der of  the  President,  you  went  in  pursuit  of  the  assassin  in  the 
direction  of  Bryantown  ? 


68  THE     TRIAL. 

A.   Yes,  sir  :  I  did. 

Q.  Will  you  state  at  wliat  hour  you  and  your  men  arrived  there 
on  that  day  ? 

A.  I  had  sent  a  guard  of  four  men  ahead  of  me  into  the  town  ; 
and  they  kept  ahead  of  me  all  the  way  to  the  town.  They  arrived 
there  twenty  minutes  or  half  an  hour  before  I  did.  I  arrived  there 
near  one  o'clock  that  Saturday  afternoon,  the  Satui'day  following  the 
assassination. 

Q.  Will  you  state  whether  or  not,  on  your  arrival,  the  intelli- 
gence of  the  assassination  was  spread  through  the  town  ? 

A.  Yes,  sir :  it  was.  I  communicated  the  intellio-ence  to  the 
citizens,  and  also  told  the  name  of  the  party  assassinating  the  Presi- 
dent. 

Q.    Did  you  mention  as  the  assassin  the  name  of  Booth  ? 

A.  Yes,  sir  :  J.  Wilkes  Booth.  Some  of  the  citizens  asked  me 
if  I  knew  for  a  certainty  that  it  was  him ;  and  I  told  them,  "  Yes  :  as 
near  as  a  person  could  know  any  thing." 

Q.  Are  you  or  not  quite  certain  that  at  that  hour  —  say  one 
o'clock  —  it  was  known  throuo;hout  that  villas-e  ? 

A.  As  early  as  a  quarter-past  one,  it  was  known  all  through  the 
villasfe  that  the  President  had  been  assassinated,  and  who  the  assas- 
sin  was. 

Q,    Are  you  acquainted  with  the  prisoner  at  the  bar.  Dr.  Mudd  ? 

A.    I  am  not. 

Q,  You  have  no  knowledge  whether  you  met  him  on  that  occa- 
sion or  not  ? 

A.  No,  sir  :  I  have  not. 

Robert  Nelson  (colored), 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

By  the  Judge  Advocate  : 

Q.    Do  you  live  in  Washington  ? 

A.  Yes,  sir  :  I  live  here  now.  I  did  come  from  Virginia ;  but  I 
live  in  Washington  now. 

Q.    Look  at  that  knife  [submitting  a  knife  to  the  witness],  and 


TEE      TRIAL.  69 

state  whether  or  not  you  found  it  in  the  street :  if  so,  when  and 
"where. 

A.  This  looks  like  the  knife  I  found  in  front  of  Secretary  Sew- 
ard's house  ? 

Q.    Opposite  it  ? 

A.   Yes,  sir. 

Q.    When  did  you  find  it  there  ? 

A.  It  was  on  Friday  his  family  got  hurt ;  and  I  found  it  on  Sat- 
urday morning, 

Q.    The  Saturday  morning  after  he  was  stabbed  ? 

A.  Yes,  sir. 

Q.  Did  you  find  it  quite  near  the  pavement,  or  out  in  the  middle 
of  the  street  ? 

A.   Out  in  the  street. 

Q.    To  whom  did  you  give  the  knife  ? 

A.  There  is  one  gentleman  I  see  here  now  [pointing  to  Surgeon 
John  Wilson,  United-States  Army],  that  took  it  after  I  gave  it  to 
one  officer  at  the  door  :  I  do  not  see  here  the  first  one  that  took  it. 

Cross-examined  by  Mr.  Doster  : 

Q.    How  do  you  know  that  knife  to  be  the  same  one  you  found  ? 

A.  I  do  not  know  that  it  is  the  same  one :  I  say  it  is  like  the 
one  I  found. 

Q.    Did  you  take  the  knife  you  found  out  of  the  sheath  ? 

A.   It  was  not  in  a  sheath. 

Q.    Whereabouts  exactly  did  you  find  it  ? 

A.  Right  in  front  of  Secretary  Seward's  house,  in  the  middle  of 
the  street. 

Q.    Was  it  in  the  street,  or  the  gutter  ? 

A.   It  was  in  the  middle  of  the  street,  not  in  the  ontter. 

Q.    Right  in  front  of  the  door  ? 

A.   Yes,  sir. 

Q.    What  time  of  the  day  did  you  find  it  ? 

A.  It  was  early  in  the  morning  :  I  was  going  to  market.  I  sup- 
pose it  was  between  five  and  six  o'clock  in  the  mominor. 


70  the   trial. 

John  Wilson, 
a  witness  for  the  prosecution,  being  duly  sworn,  testified  as  follows :  — 

By  the  Judge  Advocate  : 

Q.  Look  at  that  knife  [submitting  to  the  witness  the  knife  shown 
to  Robert  Nelson],  and  state  from  whom  you  received  it,  and  when. 

A.  This  is  the  knife  I  received  from  the  colored  boy  who  has 
just  left  the  stand.  I  received  it  on  Saturday,  the  15th  of  April; 
probably  about  ten  o'clock  in  the  day. 

Q.    Where  did  this  boy  Nelson  give  it  to  you  ? 

A.  He  gave  it  to  me  in  the  library-room  of  IMr.  Seward's  house. 
He  brought  it  in  at  the  door,  and  handed  it  to  me. 

Joseph  B.  Stewart, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

By  the  Judge  Advocate  : 

Q.  State  to  the  Court  whether  or  not  you  were  at  Ford's  Thea- 
tre on  the  night  of  the  assassination  of  the  President. 

A.   I  was. 

Q.  State  whether  or  not  you  saw  the  assassin  leap  from  the  Presi- 
dent's box  upon  the  stage. 

A.   I  did. 

Q.  Did  you  or  not  follow  him  ?  State  the  cu'cumstanees  of 
your  pursuit. 

A.  I  did  follow  him.  At  about  near  half-past  ten,  I  was  sitting 
in  the  front  seat  of  the  orchestra,  on  the  right-hand  side.  There  are 
two  aisles  in  the  orchestra.  My  seat  was  the  one  forming  the  cor- 
ner-seat on  the  left-hand  side  of  the  right-hand  aisle,  which  would 
bring  me  immediately  next  to  the  music-stand.  The  report  of  a  pis- 
tol, which  was  evidently  a  charged  pistol,  —  a  sharp  report,  — 
startled  me.  I  was  talking  at  the  moment  to  my  sister,  who  sat  by 
me,  my  head  leaning  to  the  left.  I  glanced  still  farther  left,  and  im- 
mediately back  to  the  stage  ;  and  at  the  same  time  an  exclamation 
was  made,  and  simultaneously  a  man  leaped  from  the  President's 
box,  alighting  on  the  stage,  exclaiming,  as  he  came  out,  some  words 


•4 
J 


THE     TRIAL.  71 

•which  I  understood.     He   came  down  with  his  hack  slightly  to  the 
audience ;  but,  rising  and  turning,  his  face  came  in  full  view.     At 
the  same  instant,  I  rose  up,  and  attempted  to  leap  on  the  stage  di- 
rectly from  where  I  sat.     My  foot  slipped  from  the  rail.     My  eye, 
at  the  same  time,  discovered  the  distance ;  and,  without  stopping  my 
motion  at  all,  I  turned,  and  made  two  or  three  steps  on  the  railing, 
and  jumped  on  the  stage  to  the  right  of  the  foot-lights  from  where  I 
sat ;  keeping  my  attention  all  the  time,  after  selecting  my  course, 
upon  the  man  who  was  crossing  the  stage,  and  who  had  just  jumped 
from  the  President's  box.     When  I  reached  the  stage,  as  I  was 
reaching  it,  looking  in  an  angle  to  the  left,  I  perceived  that  he  dis- 
appeared at  the  same  instant  around  the  left-hand  stage-entrance. 
Being  on  the  stage,  I  crossed  it  as  quick  as  possible.     I  had  never 
been  on  the  stao;e,  and  knew  nothinoj  about  the  condition  of  the 
building,  or  the  means  of  exit ;  but  I  supposed  the  person  was  get- 
ting out,  and  I  followed  the  direction  he  took.     I  exclaimed,  "  Stop 
that  man !  "  three  times.     The  last  time,  and  when  I  had  passed  the 
length  of  the  stage,  and  turned  to  the  right,  and  when,  I  supjx)se, 
within  a  distance  of  from  twenty  to  twenty-five  feet  from  the  door, 
the  door  slammed  decidedly,  —  came  to,  closed.     I  was  going  just 
as  fast  as  I  could,  and  got  to  the  door,  of  course,  very  quickly. 
Coming  against  the  door,  I  touched  it  first  on  the  side  where  it  did 
not  open.     I  then  caught  hold  of  the  door  at  the  proper  point,  opened 
it,  and  passed  out.     The  last  time  that  I  exclaimed,  "  Stop  that 
man  !  "  some  one  said,  "  He  is  getting  on  a  horse  ;  and  at  the  door, 
almost  as  soon  as  the  words  reached  my  ears,  I  heard  the  tramping 
of  a  horse.     On  opening  the  door  after  the  balk  at  the  door  which 
prevented  me  from  opening  it  at  first,  I  perceived  a  man  mounting 
a  horse.     He  was  at  that  instant  rather  imperfectly  mounted.     The 
moon  was  just  beginning  to  rise ;  and  I  could  see  a  little  elevated 
better  than  I  could  immediately  down  to  the  ground.     The  horse 
was  moving  in  a  quick,  agitated  motion,  as  a  horse  will  do  if  pre- 
maturely spurred  in  mounting,  with  the  rein  drawn  a  little  to  one 
side  ;  and,  for  a  moment,  the  horse  described  a  kind  of  circle  from  the 
right  to  the  left,  which  I  noticed.     I  noticed  at  the  same  time  that 
there  were  on  the  left  some  tenement-houses.     I  ran  in  the  direc- 
tion where  the  horse  was  heading ;  and  when  within  eight  or  ten  feet 


72  THE     TRIAL. 

of  the  head  of  the  horse,  and  alraost  up  within  reach  of  the  left  flank 
of  the  horse,  the  rider  brouo-ht  hira  round  somewhat  in  a  similar 
circle  from  the  left  to  the  right  ao-ain,  crossinoj  over  :  the  horse's  feet 
rattling  violently  on  what  seemed  to  be  rocks.  I  crossed  in  the  same 
direction,  aiming  at  the  rein,  and  was  now  on  the  right  flank  of  the 
horse.  He  was  rather  gaining  on  me  then,  though  not  yet  in  a  forward 
movement.  I  could  have  reached  his  flank  myself  with  my  hand 
when  perhaps  two-thirds  of  the  way  over  the  alley.  Again  he  backed 
to  the  right-hand  side  of  the  alley,  brought  the  horse  forward  and 
spurred  him,  and  at  the  same  instant  crouched  forward  down  over 
the  pommel  of  the  saddle  ;  and  the  horse  went  forward  then,  and  soon 
swept  to  the  left  up  towards  F  Street.  I  still  ran  after  the  horse 
some  forty  or  fifty  yards.  I  commanded  the  person  to  stop  in  the 
alley.  The  horse  went  on  rapidly  after  starting-  forward.  It  all 
occupied  a  space  of  a  few  seconds  fiom  the  time  I  reached  the  stage 
until  this  occurred. 

Q.  You  say  you  found  the  door  closed  :  did  you  see  anybody 
standing  about  the  door  ? 

A.  I  did. 

Q.    One  or  more  persons  ? 

A.  I  passed  several  persons  in  that  passage-way,  ladies  and  gen- 
tlemen, —  one  or  two  men  :  I  think,  in  all,  perhaps  five  persons,  a3 
near  as  I  could  estimate  without  being  able  to  count  them.  Xear 
the  door,  on  my  right-hand  side,  I  passed  a  person  standing,  who 
seemed  to  be  in  the  act  of  turning.  I  was  noticing  every  thing  that 
came  before  me,  as  I  was  impressed  with  what  had  occurred ;  and  I 
saw  a  person  who  did  not  seem  to  be  moving  about  like  the  others. 
Every  one  else  I  saw  but  that  one  person  was  in  a  teiTible  commo- 
tion, and  moving  about. 

Q.  Could  you  describe  that  person's  appearance  ?  Do  you  think 
you  would  recognize  hira  again  ? 

A.  I  would  not  like  to  undertake  to  recognize  him  positively ;  but 
I  have  a  very  distinct  impression  in  my  mind  about  the  size  and  ap- 
pearance of  that  man. 

Q.  Look  at  the  prisoners  here,  and  say  whether  either  of  them,  in 
your  opinion,  is  that  person. 

A.  I  know  none  of  these  prisoners  ;  and  I  see  but  one  face  among 
them  there  that  would  call  to  mind  that  person. 


THE     TRIAL.  73 

Q.    Which  is  that  ? 

A.  There  it  is  [pointing  to  Edward  Spangler]. 

Q.    Is  that  the  person  ? 

A.  That  man  looks  more  like  the  person  I  saw  near  the  door 
than  anybody  else  I  see  there.  He  makes  the  impression  of  the 
man's  visage  as  I  caught  it  as  I  was  going  along  very  rapidly. 

Q.    Describe  his  bearing. 

A.  As  I  approached  the  door,  about  as  far  as  from  here  to  the 
wall  of  this  room  [indicating  a  distance  of  about  fifteen  feet],  the 
person  who  was  at  the  door  was  facing  towards  the  door ;  but,  as  I 
got  nearer,  he  turned  around  partially,  so  that  I  had  a  view  of  him. 
The  view  I  had  was  the  view  of  a  person  turning  from  a  quarter, 
describing  three-quarters  of  a  circle  ;  and,  as  he  turned,  the  size  and 
visage  were  observed  so  far  as  to  leave  on  my  mind  an  impression 
of  the  visage. 

Q.    Was  he  turning  away  from  the  door  ? 

A.   Turning  from  the  door,  and  towards  me. 

Cross-examined  by  Mr.  Ewing  : 

Q.  There  is  a  passage-way  between  the  scenes  and  the  green- 
room, about  two  and  a  half  or  three  feet  in  width,  through  which 
Booth  ran  as  he  passed  out  of  the  door.  Was  it  in  that  passage-way 
that  you  met  this  person  ?  or  was  it  between  the  scenes  ? 

A.  I  do  not  know  where  the  green-room  is.  I  never  was  on  the 
stage  before.  If  I  had  a  diagram  of  the  building,  I  could  point  out 
the  spot. 

Q.  [Submitting  to  the  witness  the  diagram  heretofore  offered  in 
evidence,  and  marked  Exhibit  No.  48,]  This  is  a  plan  of  the  thea- 
tre :  now  describe  the  locality. 

A.  When  I  was  coming  through  the  passage  from  the  front  of  the 
stage  to  the  door,  I  saw  a  person  near  the  side-door,  as  I  advanced 
in  that  direction  rapidly  ;  and  I  observed  a  person  standing  at  the 
outer  door,  who,  as  I  have  described,  was  turning  from  the  right  to 
the  left  when  I  noticed  him.  It  was  in  what  you  may  call  the  pas- 
sage, —  the  one  that  leads  from  the  front  to  the  rear  of  the  theatre, 
after  passing  over  the  stage  and  turning  to  the  right,  —  going  towards 
the  small  door. 

VOL.  II.  7 


74  THE      TRIAL. 

Q.    About  how  far  from  the  door  did  the  man  stand  ? 

A.   About  three  feet. 

Q.    Did  you  notice  him  there  just  after  the  door  closed? 

A.  Just  after  it  slammed.  I  was  approaching  the  door.  It  was 
my  expectation,  when  I  reached  the  stage,  to  catch  the  person  who 
had  jumped  from  the  President's  box,  inside  of  the  house,  or  very 
soon  after  he  should  get  out  of  it ;  and  I  was  watching  very  closely 
every  person  whom  I  approached. 

Q,  If  this  man  had  been  the  person  who  slammed  the  door,  would 
you  have  noticed  him  doing  it  ? 

A.  No,  sir.  A  person  standing  in  that  position  could,  by  a 
reach  of  the  arm,  have  slammed  the  door,  and  I  could  not  have 
noticed  it. 

Q.  But  would  not  that  have  thrown  him  around  ?  would  it  not 
have  given  him  a  motion  different  from  the  motion  that  he  was 
making  as  you  approached  ? 

A.  I  recollect  well  the  action  of  the  door.  It  is  a  narrow  door, 
—  not  a  wide  door.  Approaching  it,  it  opens  inwards  to  the  right 
as  you  approach.  When  I  came  against  the  door,  I  came  with  my 
hand,  and  somewhat  damaged  my  hand  against  a  part  of  the  hinge. 
The  door  was  very  narrow;  and  any  one  standing  in  that  man's  posi- 
tion could  have  slammed  the  door  very  easily  by  reaching  his  hand 
to  it. 

Q.  Whicli  way  does  the  door  open,  —  towards  the  side  that  the 
President  was  on,  or  from  the  side  that  the  President  was  on? 

A.  Aproaching  the  door  from  the  stage  to  the  rear,  it  hinges 
from  the  rio-ht  to  the  left.  Enterinoj  it  from  the  outside,  it  would 
swing  back  from  the  left  to  the  right  to  the  inside.  I  came  vio- 
lently against  the  door  when  I  went  to  open  it. 

Q.  That  is,  the  lock  of  the  door,  when  the  door  was  shut,  was  on 
the  side  nearest  the  side  on  which  the  President  sat  ? 

A.  If  you  will  give  me  a  slip  of  paper,  I  will  describe  the  way 
the  door  stood. 

Mr.  Ewing.     The  Court  has  been  there. 

The  Witness.  Then  they  will  understand  me.  The  lock  of  tho 
door,  approaching  it,  was  on  my  right-hand  side,  the  hinge  to  the  left. 


THE     TRIAL.  75 

Not  knowing  which  side  it  swung  on,  I  came  against  it  on  the  left ; 
and  therefore  I  had  to  change  my  position  before  I  could  get  out. 
If  the  door  had  been  opened  so  that  I  would  not  have  been  stopped 
at  it,  I  could  have  got  the  range  of  that  horse  outside. 

Q.  But  the  person  you  speak  of,  who,  you  think,  resembles  the 
prisoner  Spangler,  as  you  approached  towards  the  door,  was  turning 
from  left  to  right  ? 

A.  No  :  the  other  way.  The  door  being  on  his  right-hand  side, 
he  was  turning  to  the  left. 

Q,    Had  he  his  back  towards  the  door? 

A.  His  right  side  stood  quarter-face  to  the  door,  coming  to- 
wards me. 

Q.    His  body  was  moving  around  from  the  door,  and  towards  you? 

A.    Yes  :  from  the  door. 

Q.  That  is  not  the  motion  that  the  movement  of  shutting  the 
door  would  gradually  give  to  the  body,  is  it  ? 

A.  That  would  be  owing  to  which  hand  the  door  was  shut 
"with. 

Q.    With  either  hand  ? 

A.    With  the  rio;ht  hand,  it  mifi;ht  or  mio;ht  not. 

Q.  Where  were  you  in  the  passage  when  you  noticed  that  person? 
How  far  down  the  passage  had  you  got  ? 

A.  I  noticed  him  in  about  the  second  stride  I  made  after  I  heard 
the  door  slam.  At  the  moment  the  door  did  slam,  I  had  just  passed 
one  person ;  and  then  one  or  two  more,  in  a  great  deal  of  agitation, 
came  out  within  the  passage-way ;  and  I  am  sure  that  not  more  than 
two  strides  brought  me  in  view  of  the  door.  The  light  being  more 
dim,  and  my  eyes  just  escaping  from  the  foot-lights,  I  did  not  see 
so  well ;  but  I  could  see  the  door  there,  and  noticed  this  person. 
Of  course,  I  passed  the  person,  and  could  easily  have  put  my  hand 
on  him. 

Q.  Will  you  please  mark  on  the  plat  or  diagram  already  shown 
you  the  position  in  which  you  were  when  you  saw  that  person? 
Put  your  initials  on  the  plat  at  the  spot,  and  indicate  the  position 
where  that  person  stood. 

The  Witness  marked  with  his  initials  on  the  diagram,  which  is 
Exhibit  No.  48,  the  point  supposed  by  him  to  be  the  door  which 


76  THE     TRIAL. 

was  slammed,  bis  own  position  at  the  time,  and  the  position  of  the 
person  near  the  door. 

Q.  Please  mark  also  the  positions  of  the  other  persons  that  you 
saw  in  the  passage,  as  near  as  you  can. 

The  Witness  marked  the  positions  as  indicated  by  the  question, 
and  added,  — 

I  have  made  these  marks  as  indicating,  as  near  as  I  could  form  a 
judgment  in  such  a  rapid  transit  as  I  was  making,  the  positions  of 
the  persons  I  met. 

Q.  State  as  well  as  you  can  recollect  whether  the  persons  you 
saw  there  were  gentlemen  or  ladies. 

A.  I  think  the  majority  of  the  persons  that  I  observed  were 
ladies. 

Q.    Did  you  notice  Miss  Laura  Keene  ? 

A.  I  did  not  particularly :  I  should  find  it  difl&cult  to  have  no- 
ticed particularly  any  of  the  ladies,  unless  I  had  some  means  of 
knowing  them,  or  had  my  attention  called  to  them,  any  more  than  I 
knew  that  they  were  there,  —  that  they  came  out.  All  those  persons, 
up  to  the  point  I  described,  were  very  much  agitated,  —  seemed  very 
much  confused.  I  saw  another  person  to  the  right,  or  rather  caught 
a  glimpse  of  him ;  but  that  person  was  considerably  in  to  the  right 
of  where  the  person  was  that  I  described  as  being  near  the  door,  and 
was  moving. 

Q.    Moving  which  way  ? 

A.    In  on  the  stao;e. 

Q.    Moving  from  the  door? 

A.  He  was  moving  almost  at  right  angles  to  my  course,  off  to 
my  right. 

Q.  Was  he  moving  away  from  the  door,  or  getting  nearer  to  the 
door  ? 

A.  He  was  moving  away  to  the  right,  — not  moving  away  from  a 
straight  line  with  the  door ;  but  that  person  had  not  come  from  the 
door,  or  I  would  have  seen  him. 

Q.    You  mean,  that,  as  he  moved,  he  got  farther  from  the  door? 

A.   Yes,  sir  :  farther  from  the  door,  and  farther  from  me. 

Q.  Did  you  notice  any  person  in  the  alley  except  the  one  who 
mounted  and  rode  off? 


THE     TRIAL.  77 

A.  As  I  passed  out  of  tbe  door,  on  the  right  side,  a  small  per- 
son passed  directly  under  my  right  elbow.  I  caught  a  glimpse  of 
and  rather  felt  the  person.  As  I  approached  the  horse  at  the  nearest 
point,  —  I  got  to  the  horse  before  he  was  sheered  around  from  the 
right  to  the  left,  —  some  one  ran  rapidly  out  of  the  alley. 

Q.    Was  it  probably  the  person  you  noticed  passing  at  your  elbow  ? 

A.  No,  sir :  tliat  person  never  passed  me ;  he  was  left  behind 
me,  wherever  he  went  to. 

Q.    Could  you  recognize  that  person  if  you  saw  him? 

A.  No,  sir  :  I  could  not.  There  was  no  light  inside  by  which  I 
could  recognize  him.  The  person,  whoever  it  was,  was  a  small 
person. 

Q.    Was  he  as  tall  a  person  as  the  prisoner  Spangler  ? 

A.    No,  sir  :  I  should  think,  not  by  four  or  five  inches. 

Q.  Could  you  see  whether  the  person  who  you  now  think  was 
Spangler  wore  any  whiskers  or  mustache  at  that  time  ? 

A.  If  he  did,  it  was  not  prominent,  and  1  did  not  observe  it  so 
distinctly ;  and  yet  I  am  under  the  impression  that  his  face  was 
slightly  bearded,  but  not  to  that  prominent  degree  which  would 
attract  or  fix  or  settle  my  attention  much.  The  visage  was  what  I 
took  in,  — the  side-face,  the  profile. 

Q.    Your  impression  is  that  his  face  was  bearded  ? 

A.  Not  prominently.  I  should  have  thought  he  had  some  beard 
on  his  face  ;  but  you  can  imagine,  if  you  ass6ciate  your  ideas  with 
the  attention  I  would  be  paying  to  any  one  who  came  near  me,  con- 
sidering the  object  I  was  about,  how  this  thing  would  strike  me. 

Q.  Do  you  think  he  had  a  mustache  only,  or  a  mustache  and 
side- whiskers  ? 

A.  I  cannot  undertake  to  say  that  there  were  any  side-whiskers. 
I  did  not  expect  to  be  asked  these  questions :  but  I  have  always 
since  then  been  under  the  certainty  that  I  saw  a  person  inside,  near  the 
door  ;  and,  associating  the  appearance  of  that  person,  I  have  in  my 
mind  a  certain  profile,  a  certain  visage,  a  certain  appearance  which 
rests  in  my  conviction,  and  in  my  intelligence,  as  to  the  person  I  saw. 

Q.    As  to  the  mustache  ? 

A.    I  am  under  the  impression  that  there  was  some  beard  on  the 
face  ;  but  I  would  not  undertake  to  designate  a  mustache.     If  there 
7* 


78  THE     TRIAL. 

was  one,  it  was  not  sufficiently  prominent  to  make  it  marked  in 
any  way. 

Q.    Could  you  recollect  how  he  was  dressed  ? 

A.    No,  sir. 

Q.    Could  you  recollect  the  color  of  any  of  his  clothing? 

A.  I  did  not  stop  to  take  that  particular  notice.  My  recollec- 
tion on  that  subject  is,  that  the  person  had  on  a  gray  or  darkish  suit. 
My  recollection  would  be  against  its  being  a  decidedly  black  suit. 

Q.    Have  you  seen  the  prisoner  Spangler  since  then  till  now  ? 

A.    No,  sir  :  I  never  saw  him  since  then  until  to-day. 

Q.  And  you  swear  now  simply  to  a  mere  impression,  hardly  a 
fixed  opinion,  as  to  his  being  the  person  ? 

A.  I  do  not  undertake  to  swear  positively  that  that  person  sitting 
there  was  the  person  I  saw.  I  do  say  that  I  saw  a  person  there ; 
and  I  see  no  person  among  these  prisoners  who  calls  to  mind  the 
appearance  of  that  person,  except  the  one  that  I  have  indicated ; 
and  that  one,  I  am  told,  is  Mr.  Spangler. 

Q.  I  wish  to  know  how  strongly  you  are  of  opinion,  or  under 
the  impression,  that  that  was  probably  the  man,  or  whether  you  are 
under  that  impression. 

A.  I  am  decided  in  my  opinion  that  the  person  now  referred  to 
resembles  the  person  I  saw  there. 

Q.  I  believe  you  returned  to  the  theatre,  after  you  chased  Booth 
up  the  alley  ? 

A.   Yes,  sir. 

Q.    You  then  came  back  to  this  door? 

A.    I  entered  the  same  door  that  I  had  gone  out  of. 

Q.  Do  you  not  recollect  meeting  the  prisoner  Spangler  as  you 
came  back  ? 

A.  If  I  did,  I  did  not  notice  him  in  particular.  When  I  got  out 
from  the  door,  and  from  the  time  I  reached  the  stage,  I  saw  no  one 
behind  me ;  nor  did  I  see  any  person  after  I  passed  beyond  the 
door,  except  the  person  on  the  horse,  whom  I  believed  to  be  Mr. 
John  Wilkes  Booth,  until  I  had  run  as  far  as  I  did  run  after  the 
horse,  which  was  around  the  alley  and  up  to  the  left  some  little  dis- 
tance. I  then  turned  and  came  back,  and  saw  that  nobody  had 
come  out  from  the  theatre  up  to  that  time.     I  asked  some  of  the  peo- 


THE     TRIAL.  79 

pie  in  the  buildings  back  if  tbey  had  seen  more  than  one  horse  there, 
and  how  long  they  had  seen  the  horse  there ;  and  I  got  some 
answers  from  them  which  occupied  but  a  moment,  and  then  went  on 
into  the  theatre.  One  of  the  persons  stated  that  he  had  seen  one 
horse  there  ;  and  that  was  all  they  seemed  to  know.  When  I  got 
inside  the  door  again,  I  met  four  or  five  persons  approaching  the 
door,  and,  just  at  the  door,  one  person,  a  policeman,  a  man  with  a 
police-mark  on,  and  not  this  prisoner.  Inside  the  door,  a  number 
of  persons  came  against  me.  The  persons  rapidly  accumulated  on 
my  observation,  returning  into  the  house  :  the  stage,  the  scenes,  and 
the  passage-ways,  were  all  filling  up. 

Q.  Do  you  recollect  asking,  when  you  came  in,  who  that  person 
was  ?  or  who  it  was  that  shot  the  President  1 

A.    Oh,  yes  !  I  asked  that  question  several  times. 

Q.  Do  you  recollect  this  prisoner  Spangler  answering  your  ques- 
tion, saying  it  was  Booth  ? 

A.  No,  sir  :  I  do  not.  I  asked  this  question,  and  recollect  that 
one  person  answered  it,  —  "Are  you  satisfied  it  was  Booth? 
have  3'ou  any  doubt  it  was  Booth?"  That  was  my  belief ;  and 
I  was  rather  elicitino;  the  views  of  others.  I  would  not  undertake 
to  say  that  he  might  not  have  been  one  of  the  persons  who  heard  me 
ask  the  question,  and,  deeming  it  addressed  to  him,  answered  it ; 
but  I  am  not  aware  of  addressing  any  question  directly  to  that 
person. 

Q.  When  you  got  out  of  the  door,  the  person  was  just  rising  into 
his  saddle,  was  he  ? 

A.  He  was  in  his  saddle,  crouching  forward ;  his  left  foot  was  in 
the  stirrup  ;  he  was  leaning  to  the  left.  The  horse  was  moving 
with  a  quick  sort  of  a  motion,  making  apparently  more  exertion  than 
headway  at  that  time,  but  still  going  pretty  fast,  and  circling  around. 
He  was  sufiiciently  mounted  to  go  with  the  horse  without  being  un- 
balanced :  he  was  getting  the  horse  under  control  very  fast  for  a  for- 
ward movement. 

Q.    You  cannot  say,  then,  that  he  had  just  got  into  the  saddle  ? 

A.  He  was  just  completing  his  balancing  himself  in  the  saddle  ; 
but  I  should  form  the  opinion,  from  his  position  and  the  motion  of 
the  horse,  that,  the  moment  he  got  his  foot  in  one  stirrup,  he  spurred 


80  THE     TRIAL. 

the  horse,  and,  having  the  rein  drawn  more  on  one  side  than  the  other, 
for  the  moment  lost  control  of  him,  so  far  as  making^  him  take  a 
straightforward  movement. 

By  the  Judge  Advocate  : 

Q.  I  understood  you  to  say  that  all  the  persons  you  met  in  the 
passage,  as  you  approached  that  door,  exhibited  signs  of  agitation, 
except  this  particular  man? 

A.  Yes,  sir;  intense.  Every  person  that  came  under  my  notice, 
in  the  brief  space  of  two  or  three  seconds  that  I  ran  through  the 
stage,  was  greatly  agitated,  and  seemed  literally  bewildered.  The 
on]y  person  who  did  not  seem  to  be  under  the  same  state  of  excite- 
ment was  the  person  who  was  aear  the  door. 

By  Mr.  Ewing  : 

Q.  How  long  did  it  take  you,  after  you  entered  that  passage,  to 
get  to  the  door '? 

A.    I  could  hardly  time  myself. 

Q.    You  were  running  ? 

A.  Just  as  hard  as  I  could,  and  was  only  obstructed  by  the  pass- 
ing of  those  persons.  Of  course,  it  could  not  have  been  long :  it 
could  not  have  been  five  seconds  from  the  time  I  got  on  that  stage 
until  I  reached  that  door.  It  was  very  quick.  I  realized  in  my  own 
mind  something  wrong  immediately  on  hearing  the  report  of  the  pistol. 
I  knew  there  was  no  pistol  fired  in  the  play :  and  then  the  discharge 
of  the  pistol  was  overhead ;  and  it  was  a  charged  pistol,  in  my  opinion. 
It  was  discharged  either  by  accident  or  design,  of  course  ;  and  the  de- 
sign was  solved  by  the  circumstance  of  a  man  jumping  out  with  a 
dagger  in  his  hand  ;  and  the  impression  struck  me  instantly  that  there 
was  something  wrong.  IMy  impression  was,  that  that  person  coming 
fi'om  the  President's  box  had  assassinated  or  attempted  to  assassinate 
him.  Every  action  which  I  performed  and  every  effort  that  I  made, 
after  I  started  to  get  upon  the  stage,  was  acting  under  that  convic- 
tion and  impression  to  the  last ;  so  much  so,  that  I  stated  to  the  peo- 
ple in  the  tenement-houses  in  the  rear,  before  I  returned,  that  the 
person  who  went  oflf  on  that  horse  had  shot  the  President. 

Q.    You  saw  only  the  side-face  of  the  person  neai*  the  door  ? 


THE     TRIAL.  81 

A.  A  profile  ;  but  his  full  face  passed  around  as  you  would  see 
my  own  face  now  in  turning  from  left  to  right. 

By  the  Judge  Advocate  : 

Q.  Did  I  understand  you  to  recognize,  or  to  suppose  you  recog- 
nized, Booth  when  he  alit  upon  the  stage  ? 

A.  Yes,  sir.  After  I  went  out  and  returned,  I  took  my  family 
home,  and  immediately  ran  down  the  street  towards  Mr,  Stanton's. 
I  perceived  persons  in  front  of  there,  and  then  turned,  and  went  rap- 
idly to  the  police-station,  and  gave  my  name,  and  the  information  I 
had,  to  Superintendent  Richards,  of  the  police,  and,  upon  his  question, 
said  to  him  that  I  believed  I  knew  who  it  was  that  had  committed 
the  deed  ;  that  I  believed  it  was  Booth  ;  and  he  said  he  believed  so 
too. 

Q.    You  had  known  him  before  by  sight  ? 

A.  I  had  known  him  in  this  way  :  I  had  known  him  by  sight ;  and 
I  was,  some  two  years  ago,  one  evening,  at  the  Metropolitan  Hotel, 
introduced  to  him.  I  had  seen  him  on  the  stage  ;  and  I  had  noticed 
him  more  during  the  last  winter  around  the  hotels.  I  went  down 
two  evenings  to  a  hop  at  the  National  Hotel  with  some  ladies,  and  I 
noticed  him  there  leisurely  around  the  parlor.  I  had  not  a  doubt  in  my 
mind  whom  I  was  runnino;  after  when  I  ran  over  the  stao;e  ;  and  I 
should  have  been  surprised  to  find  it  anybody  else.  I  made  every 
exertion  to  get  through,  and  was  astonished  that  the  persons  on  the 
stage  did  not  obstruct  him  ;  but  they  seemed  very  much  bewildered. 
I  felt  a  good  deal  vexed  at  his  getting  away,  and  had  no  doubt,  when 
I  started  on  the  stage,  that  I  could  catch  him. 

By  the  Court  : 

Q,  How  long  should  you  judge  it  to  be  from  the  time  you  heard 
the  door  slam  until  you  saw  the  man  balancing  on  his  horse  ? 

A,    Not  over  the  time  in  which  I  could  make  two  steps. 

Q.  Were  you  nearer  the  door  when  you  heard  it  slam  than  the 
horse  was  on  which  was  the  man  ? 

A.  That  I  cannot  determine  ;  for  the  horse  was  outside,  and  I 
was  approaching  the  door  through  a  passage-way  that  I  had  never 
been  in  before,  and  was  only  admonished  of  the  position  of  the  door 
by  approaching  it ;  and  the  slamming  of  the  door  indicated  to  me  that 


^ 


82  THE     TRIAL. 

there  was  a  door  slammed  rigbt  directly  in  front  of  tbe  position  I 
then  occupied  ;  and  I  am  sure  it  could  not  have  been  over  the  second 
stride  after  that.  As  the  light  reflected  back  along  the  passage-way, 
the  door  came  in  view  ;  and  this  person  that  I  have  desci  ibed  was 
in  the  position  described,  and  turning  towards  me  from  the  d  3or ;  and, 
I  suppose,  in  three  strides  more  I  was  at  the  door. 

Q.  Are  you  satisfied  that  the  door  was  closed  by  some  other  per- 
son than  the  person  who  went  out  at  the  door  ? 

A.  I  cannot  possibly  be  satisfied  of  that  at  all.  There  is  nothing 
to  exclude  from  my  mind  the  possibility  of  the  door  having  been 
closed  by  the  person  who  went  out, —  by  Booth  himself  ;  but  I  did 
not  see  him  close  the  door.  The  first  notice  of  the  door  was  on  my 
ear,  and  in  a  moment  it  was  in  view.  At  the  same  moment,  I  perceived 
the  person  standing  as  I  have  described ;  and  the  matter  transpired 
then  as  I  have  stated  in  my  observation. 

Q.  Are  you  satisfied  that  the  person  you  saw  inside  the  door  was 
in  a  position,  and  had  the  opportunity,  if  he  had  been  disposed  to 
do  so,  to  have  interrupted  the  exit  of  Booth  ? 

A.    Beyond  all  doubt. 

Q.    And,  from  his  manner,  he  was  cool  enough  to  have  done  so? 

A.    He  showed  no  agitation  like  the  other  people  did. 

By  Mr.  Ewixg  : 

Q.  Were  not  the  other  parties  that  you  have  spoken  of  also  in  a 
position  to  have  interrupted  the  exit  of  Booth  ? 

A.   Yes,  sir. 

Q.    All  of  them? 

A.  They  were  at  the  moment  I  saw  them.  They  might  have 
been  two  or  three  feet  to  the  right  or  left  in  the  scene-way  before  I 
saw  them.  Everybody  I  met  could,  if  he  had  seen  fit,  have  ob- 
structed my  motion  ;  and,  if  those  persons  occupied  the  same  position 
when  Booth  went  through,  they  could  have  obstructed  his  motion. 

Q.    That  is  all  you  meant  to  say  ? 

A.  One  person  only  could  not  have  obstructed  my  motion  ;  and 
that  was  the  person  who  was  apparently  three,  four,  or  five  feet  off  to  the 
right.  I  could  have  passed  out  the  door  without  his  obstructing  me. 
That  is  the  person  whom  I  described,  who  seemed  to  be  passing  off 


THE     TRIAL.  83 

to  the  right.  All  the  other  persons  I  saw  could,  and  in  fact  did, 
obstruct  my  motion  by  their  presence,  but  made  no  physical  effort. 

Q.  The  person  of  whom  you  speak  as  being  nearest  to  the  door 
was  in  no  better  position  to  obstruct  the  movements  of  Booth,  as  far 
as  you  know,  tlian  any  of  the  others  ? 

A.    None  whatever,  so  far  as  I  know. 

Q.  Was  he  not  in  a  position  which  would  be  natural  to  a  person 
who  had  run  to  see  who  it  was  was  passing  out,  and  who,  as  the  door 
slammed,  turned  ? 

A.  Yes.  A  person  who  had  made  an  effjrt  to  discover  that  object 
would  occupy  that  position. 

By  the  Court  : 

Q.    This  man  was  nearest  of  all,  though,  to  the  door  ? 

A.   Yes  :  nearest  to  the  door. 

Q.    And  could  have  opened  it,  and  gone  out  before  you  went  out  ? 

A.  Oh,  yes  !  It  would  have  been  but  a  step  to  the  right,  and  a 
reach  to  open  it :  the  door  was  immediately  within  the  control  of  the 
person  who  stood  there. 

By  Mr.  Ewing  : 

Q.  Bo  you  know  whether  the  persons  you  passed  in  the  passage, 
any  of  them,  knew  that  the  assassination  had  been  committed  ? 

A.  That  would  be  but  a  conjecture.  They  acted  more  like  peo- 
ple who  were  astounded  at  something  that  had  just  occurred,  without 
any  means  of  knowing  what  their  impressions  were  of  the  character 
of  the  occurrence  :  they  were  in  that  state  of  agitation. 

Robert  Anson  Campbell, 

a  witness  called  for  the  prosecution,  being  duly  sworn ,  testified  as 
follows : — 

By  the  Judge  Advocate  : 

Q.  Will  you  state  to  the  Court  where  you  reside  ? 

A.  In  Montreal,  Canada. 

Q.  Are  you  or  not  connected  with  the  Ontario  Bank  of  that  city? 

A.  I  am  first  teller. 

Q.  [Exhibiting  to  the  witness  an  account  headed,  "Jacob  Thomp- 


84  THE     TRIAL. 

son  in  account  with  the  Ontario  Bank."]  Will  you  look  upon  that 
account,  and  state  to  the  Court  whether  or  not  it  is  a  correct  abstract 
from  the  books  of  that  bank  ? 

A.  It  is.  I  examined  the  account  before  I  came  away ;  and  these 
are  the  pajoers  I  brought  along  with  me. 

Q.    What  is  the  account  ? 

A.  It  is  the  account  of  Jacob  Thompson  with  the  Ontario  Bank, 
Montreal. 

Q.    Will  you  state  the  day  on  which  the  account  commenced? 

A.  The  account  commences  May  30,  1864  ;  but,  prior  to  this,  he 
left  sterling  exchange  drawn  on  the  rebel  agents  in  Liverpool,  I  think, 
for  collection.  As  soon  as  that  was  collected,  it  was  placed  to  his 
credit.  The  first  advice  we  had  was  May  30,  1864  ;  and  that  was 
£2,061.  17s.  lid.,  and  £20,618.  lis.  4d.,  amounting  to  S109,- 
965.63. 

Q.    Will  you  state  when  the  account  closed? 

A.    The  account  closed  April  11,  1865. 

Q.  Will  you  state  the  aggi-egate  amount  of  the  credits,  and  the 
ao;o;reo;ate  amount  drawn  from  the  bank  ? 

A.  The  aggregate  amount  of  the  credits  is  $649,873.28.  There 
is  a  balance  now  still  left  to  his  credit  of  $1,766.23. 

Q.    All  the  rest  has  been  drawn  out  ? 

A.  All  the  rest  has  been  drawn  out.  He  has  drawn  out  lately, 
say  since  the  first  of  March,  about  $300,000  in  sterling  exchange 
and  deposit-receipts.  He  drew  out  a  deposit-receipt  at  one  time 
of  $180,000;  at  another  time,  $100,000  in  sterling  exchange;  at 
another  time,  $19,000. 

Q.  Will  you  state  the  amount  drawn  out  between  the  1st  and  10th 
of  April  ? 

A.  The  first  entry  in  April  is  on  the  4th.  That  was  a  very 
small  check,  —  $100.  Then,  on  the  6th  of  April,  there  is  a  de- 
posit-receipt for  $180,000.  The  banks  in  Canada  give  deposit- 
receipts,  —  I  do  not  know  whether  you  do  here  or  not,  —  which  are 
to  be  paid  when  presented^  upon  fifteen  days'  notice. 

By  the  Court  : 

Q.    Was  that  in  one  bill  ? 


THE     TRIAL.  85 

A.  Yes,  sir.  I  am  not  sure  about  that,  though.  I  did  not  draw 
it  out,  although  the  entries  went  through  my  hands ;  but  I  think  it 
was  in  one  bill.  Then  he  drew  a  bill,  on  the  8th  of  April,  of  £440. 
12s.  Id.  sterling  ;  and  also  one  of  £4,000  sterling  on  the  same  day. 
On  the  24th  of  March,  he  drew  $100,000  ;  that  is  additional  to  the 
$180,000.  The  $100,000  drawn  on  March  24  was  $100,000  in 
exchange ;  while  the  180,000  drawn  on  April  G  was  on  a  deposit- 
receipt,  not  exchange. 

By  the  Judge  Advocate  : 

Q.  There  are  pencil-marks  in  the  account.  Explain  what  they 
mean. 

A.  Those  I  put  there  myself,  as  memorandums  in  checking  over 
the  account. 

Q.    Po  you  know  Jacob  Thompson  personally  ? 

A.   Oh,  yes,  sir  !  I  know  him  well. 

Q.  Will  you  state  whether  or  not,  since  the  14th  of  April  last, 
he  has  left  Montreal  ? 

A.  He  has.  I  heard  him  say  myself  that  he  was  going  away. 
I  know  that  he  has  not  been  since  in  the  bank  in  Montreal.  He 
used  to  come  in  the  bank  two  or  three  times  a  week,  whenever  he 
had  any  business  there  ;  and,  the  last  time  he  was  in,  he  gave  a  cheek 
to  the  hotel-keeper,  which  I  cashed  ;  and  he  then  left  the  hotel. 
His  friends  stated  to  rae  that  he  was  going  to  Halifax,  overland. 
The  navigation  was  not  open  at  that  time  ;  and  I  was  told  that  he 
was  going  overland  to  Halifax,  and  then  going  to  Europe. 

Q.    Can  you  fix  the  date  when  that  was  ? 

A.    I  could  not  fix  that. 

Q.    He  has  disappeared,  however  ? 

A.   Oh,  yes,! 

Q.    Did  he  leave  any  thing  to  his  credit  when  he  went  finally  ? 

A.  Yes,  sir:  $1,766.23.  It  is  entered  to  his  credit  now.  This 
sterling  exchange  was  drawn  to  his  credit,  and  also  the  deposit- 
receipt  ;  or,  if  there  was  more  than  one  deposit-receipt,  they  were 
all  drawn  to  his  credit :  but  I  think  there  was  only  one. 

Q.  You  say  that  navigation  was  not  open  through  the  St.  Law- 
rence when  he  left  ? 

VOL.   II.  '8 


86  THE     TRIAL. 

A.    No,  sir  :  it  was  not  open  then. 

Q.    How  long  did  it  continue  in  that  way  ? 

A.  I  think,  about  two  weeks  longer.  I  know,  at  the  time,  I 
thouo;ht  it  stran2;e  that  he  was  o;oin2;  overland,  when  if  he  had  wait^ 
ed  two  weeks  longer,  or  about  that  time,  he  could  have  taken  the 
steamer.  That  was  the  talk  in  the  bank,  at  the  time,  among  the 
clerks. 

Q.  He  was  known  to  and  recognized  by  the  Ontario  Bank 
as  the  ao;ent  of  the  Confederate  States  ? 

A.   No,  sir  :  his  account  was  just  opened  as  "  Jacob  Thompson." 

Q.  But  still  he  was  known  as  the  agent  of  the  Confederate 
States  ? 

A.  Outside  people  said  so.  I  never  heard  him  say  what  he 
was ;  but  it  was  the  newspaper  report  that  Jacob  Tliompson  was 
their  financial  ao;ent.  We  knew  that  he  brouo;ht  Southern  sterling; 
exchange-bills  drawn  on  their  agents  in  the  old  countiy.  How 
they  came  to  him  we  did  not  know. 

Q.    They  were  brought  to  your  bank  ? 

A.   Yes,  sir  :  to  our  bank  for  collection. 

Q.  He  did  not  seem  to  be  engaged  in  any  business  in  Canada 
requiring  these  large  sums  of  money  ? 

A.  Not  that  I  know  of.  Part  of  the  time  he  was  residing  in 
Upper  Canada,  and  part  of  the  time  in  Montreal. 

Q.  Have  you  any  knowledge,  derived  during  his  transactions 
with  the  Ontario  Bank,  that  he,  and  those  associated  with  him,  also 
had  large  money  transactions  with  other  banks  in  Canada  ? 

A.  Oh,  yes  !  I  know  of  one  transaction  of  $50,000,  I-think  it 
was,  that  came  through  the  Niagara  District  Bank.  I  am  not  sure 
about  the  amount. 

Q.    Where  is  that  bank  situated  ? 

A.  At  St.  Catherine's.  That  was  a  check  drawn  to  the  order 
of  Mr.  Clay,  and  deposited  by  him  in  the  Niagara  District  Bank  ; 
and  that  bank  sent  it  to  us  to  put  it  to  their  credit.  That  was  Aug. 
16,  1864. 

Q.    Do  you  mean  Clement  C.  Clay? 

A.   Clement  C.  Clay. 

Q.    Did  you  know  J.  Wilkes  Booth,  the  actor? 


THE     TRIAL.  87 

A.  I  had  one  or  two  transactions  tliat  I  know  of  witli  him. 
That  is  all  I  can  remember  at  present. 

Q.    How  often  did  you  see  J.  Wilkes  Booth  in  Canada  ? 

A.  I  could  not  say.  He  might  have  been  in  the  bank  a  dozen 
times ;  but  I  remember  distinctly  of  seeing  him  once. 

Q.    He  had  a  small  account  there,  had  he  not  ? 

A.  Yes,  sir ;  and  still  left  to  his  credit  four  hundred  and  some 
odd  dollars.     I  brouQ;ht  a  memorandum  of  it  with  me. 

Q.  Have  you  any  knowledge  how  that  credit  arose?  Was  it 
from  a  deposit  made  by  him  ? 

A.   From  a  deposit. 

Q.    In  specie,  or  in  a  bill? 

A.  In  notes.  That  did  not  go  through  my  hands :  it  went 
throuo;h  the  hands  of  the  second  teller,  the  receivinoj-teller.  I  re- 
member  there  was  $200  in  $20  bills.  The  bar  row  says,  "  Davis's 
check  on  Merchants'  Bank,  $255  ;  ten  $20  bills  "  (Montreal  bills), 
"  $200 ;  "  altogether  $455.  That  is  the  bar  row  of  the  bank,  on 
the  deposit  memorandum. 

Q.    Who  is  Davis? 

A.  A  broker  who  kept  his  office  opposite  the  St.  Lawrence  Hall, 
just  across  the  road.  I  am  not  sure  whether  he  [Booth]  was  in- 
troduced by  Mr.  Davis  or  by  Mr.  P.  C.  Mai'tin. 

Q.    AVhere  is  Davis  from  ? 

A.  He  is  from  the  States  somewhere,  either  from  Eichmond  or 
Baltimore  :  I  am  not  sure  which.  When  Booth  came  into  the  bank 
for  this  exchano-e,  he  bouo;ht  a  bill  of  exchano;e  for  £61  and  some 
odd  shillings ;  and,  at  the  time  he  bought  the  exchange,  he  said, 
*'  I  am  going  to  run  the  blockade  ;  and,  in  case  I  should  be  captured, 
can  my  capturers  make  use  of  the  exchange?"  I  told  him  no, 
not  unless  he  indorsed  the  bill :  the  bill  was  made  payable  to  his 
order.  Then  he  said  he  would  take  three  hundred  dollars'  worth, 
and  pulled  out  three  hundred  dollars,  —  I  think  it  was  in  Ameri- 
can gold,  —  and  I  figured  up  what  three  hundred  dollars  would 
come  to  at  the  rate  of  exchange,  — I  think  it  was  nine  and  a  half 
then,  —  and  gave  him  sixty-one  pounds  and  some  odd  shillings  ;  and 
he  bought  the  bill  of  exchange.  These  are  the  only  two  transac- 
tions he  has  had  with  the  bank,  that  we  have  any  minute  of. 


88  THE     TRIAL. 

Q.  [Exhibiting  to  tlie  witness  the  bills  of  exchange  found  on 
Booth's  body.]  Will  you  look  at  these  bills  of  exchange,  and  see 
whether  they  are  the  same  ? 

A.  Oh,  yes !  these  are  the  Ontario  Bank  bills  of  exchange  : 
no  doubt  of  that. 

Q.  I  understand  you  to  say  that  that  is  the  exchange  you  are 
talking  about? 

A.   Yes,  sir. 

Q.    What  is  the  date  of  the  bill  of  exchange? 

A.   Oct.  27,  1864. 

Q.  Will  you  state  whether  or  not  these  drafts  indicated  that  the 
disbursements  were  for  use  in  the  States  generally  ? 

A.  W^e  can  never  tell.  We  never  ask  a  man  any  thing  about 
that,  A  man  doing  business  with  us  deposits  what  he  likes ;  and 
we  never  ask  any  questions.  He  draws  checks  for  what  he  likes ; 
and  we  do  not  know  what  he  is  going  to  do  with  it,  and  do  not  ask 
him  what  he  is  going  to  do  with  it.  The  drafts  in  one  or  two  in- 
stances were  made  payable  to  bearer.  For  instance,  this  one  of 
Thompson's  for  fifty  thousand  dollars  was  not  made  payable  to 
order.  As  a  general  thing,  checks  are  not  payable  to  order, 
but  payable  to  bearer :  but,  in  certain  instances,  "  bearer  "  is 
scored  out,  and  over  *'  bearer  "  they  put  "  order ;  "  but  it  is  very 
seldom  done.  Besides  this  exchange,  Thompson  has  bought  from 
us  several  times  United-States  notes,  —  greenbacks  as  they  are  com- 
monly called.  •- 

Q.    In  large  sums? 

A.  Yes,  sir:  on  Aug.  25,  he  bought  $15,000  in  greenbacks; 
on  July  14,  $19,125  in  greenbacks.  That  is  in  gold,  you 
know. 

Q.    You  calculated  it  in  gold? 

A.  Yes,  sir :  I  could  not  say  what  the  amount  of  greenbacks 
was  ;  but  that  is  what  he  paid  for  it  in  gold.  At  that  time,  I  think, 
exchange  was  about  fifty-five. 

Q.    Did  any  of  these  transactions  occur  during  the  past  spring? 

A.   Yes,  sir  :  in  March. 

Q.    What  date? 

A.   March  14,  $1,000  at  44|;  for  which  he  paid  $552.50  in 


THE     TRIAL.  89 

gold.  Then,  again,  I  find,  that,  on  the  20th  of  March,  he  bought 
£6,500  sterhngagam  at  9^.  Then  he  bought  drafts  on  New  York 
very  often ;  in  several  instances  at  least. 

Q.  Is  that  a  correct  statement  of  the  amount  as  it  is  on  your 
books  ? 

A.   Yes,  sir. 

[The  account  referred  to  was  then  offered  in  evidence  without 
objection.] 

The  Judge  Advocate  stated  that  he  was  about  to  present  for  ex- 
amination a  witness  whose  testimony  would  be  of  such  a  nature, 
that  it  was  deemed  important  to  prevent  its  publicity  at  the  present 
time  ;  and  he  therefore  suggested  that  the  Court  direct  the  enforce- 
ment of  the  sixth  rule  adopted  for  the  government  of  its  proceed- 
ings during  the  taking  of  such  testimony  :  which  suggestion  was 
acquiesced  in  by  the  Court ;  and  the  court-room  was  cleared  of  all 
persons,  except  the  members  of  the  Commission,  the  Judge  Advo- 
cate and  his  assistants,  the  accused,  their  counsel  and  necessary 
guards,  and  the  official  reporters  of  the  Court. 

After  being  in  session  with  closed  doors  for  some  time,  the  Court 
adjourned  until  Monday  morning  at  ten  o'clock. 


IIONDAY,  May  22. 

The  Court  met  at  the  usual  hour,  ten  o'clock,  a.m.,  and  pro- 
ceeded to  the  examination  of  witnesses.  For  reasons  which  were 
stated  on  Saturday,  the  same  necessity  still  existing,  the  Court 
sat  with  closed  doors.  Afterwards  the  following  testimony  was 
taken :  — 

Miss  Honora  Fitzpatrick, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

By  Assistant  Judge  Advocate  Bingham  : 

Q.    State,  if  you  please,  to  the  Court,  your  name  and  residence. 
A.   My  name  is  Honora  Fitzpatrick.     I  am  a  resident  of  Wash- 
ington. 

8* 


90  THE     TRIAL. 

Q.  At  whose  house  did  you  reside  during  the  month  of  March 
last  in  Washin2;ton  ? 

A.    At  Mrs.  Siirratt's. 

Q.    The  house  of  the  prisoner  at  the  bar  ? 

A.   Yes,  sir. 

Q.  State  to  the  Court,  whether,  during  the  time  of  your  resi- 
dence at  her  house  last  winter,  you  saw  John  H.  Surratt,  and  other 
men  in  company  with  him,  there. 

A.   I  saw  John  Surratt  there. 

Q.  State  what  other  men  you  saw  there  during  the  time  of  your 
stay  last  winter. 

A.   I  saw  Mr.  Booth  there. 

Q.    John  Wilkes  Booth  ? 

A.   Yes,  sir. 

Q.  State  whether  you  saw  any  of  the  prisoners  at  the  bar  there 
during  your  stay  last  winter. 

A.    Yes,  sir. 

Q.    Who  are  they  ? 

A.  There  is  one,  Mr.  Wood  there  [pointing  to  the  prisoner 
Lewis  Payne]  ;  and  another,  Mr.  Atzerodt. 

Q.  Is  that  the  one  [pointing  to  Lewis  Payne,  one  of  the  ac- 
cused] you  call  Mr.  Wood  ? 

A.    Yes,  sir. 

Q.    Did  he  call  himself  by  any  other  name  than  Wood  ? 

A.   I  did  not  know  him  by  any  other  name. 

Q.  How  often  did  you  see  this  Mr.  Wood  at  Mrs.  Surratt's 
house  ?  and  when  ? 

A.   I  never  saw  him  there  but  twice. 

Q.    When  was  that  ? 

A.   I  do  not  know  exactly  the  time  he  came. 

Q.    In  what  month  was  it  ? 

A.   I  saw  hira  there  once  in  March. 

Q.  How  often  did  you  see  this  Mr.  Atzerodt  that  you  speak  of 
there  ?  and  at  what  time  ? 

A.   He  did  not  stay  there  at  the  house  at  all  any  time. 

Q.    Did  vou  see  him  there  several  times  ? 

A.   He  was  there  for  a  short  time. 


THE     TRIAL.  91 

Q.    Do  you  understand  whether  he  staid  there  over  night  once  ? 

A.   Yes,  sir  :  he  did. 

Q.  Look  at  the  other  prisoners  at  the  bar,  —  that  one  at  the  bar 
talking  [pointing  to  David  E.  Herold,  one  of  the  accused,  who 
was  in  conversation  with  his  counsel]. 

A.   I  do  not  know  him  :  I  never  saw  him. 

Q.  State  to  the  Court  whether  you  accompanied  Surratt  and  this 
Wood  [Payne]  to  Ford's  Theatre  one  night  last  March. 

A.    Yes,  sir. 

Q.  State  whether  you  occupied  a  box  in  that  theatre  that  night 
with  them. 

A.    Yes,  sir. 

Q.    Which  box  was  it  that  you  occupied  ? 

A.   I  do  not  know. 

Q.    On  which  side  of  the  theatre  was  it,  as  you  went  in  ? 

A.   I  did  not  pay  any  attention  which  side  it  was  on. 

Q.    And  cannot  tell  now  which  side  it  was  on? 

A.    No,  sir. 

Q.    Was  it  the  upper  or  lower  box  ? 

A.   I  think  it  was  the  upper. 

Q.  State  whether  John  Wilkes  Booth  came  into  that  box  that 
night  while  you  and  Surratt  and  Wood  were  in  there. 

A.   Yes,  sir  :  he  did. 

Q.    What  other  lady  accompanied  you  ? 

A.   Miss  Dean. 

Q.  When  did  you  leave  Mrs.  Surratt's  after  going  to  the 
theatre  ? 

A.   I  went  on  a  visit  to  Baltimore. 

Q.    When  did  you  start  on  that  visit  ? 

A.   In  the  six-o'clock  train  the  next  day  after  going  to  the  theatre. 

Q.    How  long  were  you  absent  ? 

A.   I  was  absent  a  week. 

By  the  Court  : 

Q.    Do  you  recollect,  on  entering  the  theatre,  whether  you  turned 
to  the  right  or  to  the  left  to  get  to  the  box  you  occupied  ? 
A.   No,  sir  ;  I  do  not  know  which  side  I  turned  to. 


92  THE     TRIAL. 

Captain  Edward  P.  Douerty, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Adtocate  : 

Q.  State  to  the  Court  whether  or  not  you  had  command  of  the 
cavalry  that  went  from  this  city  in  pursuit  of  the  assassin  of  the 
President,  J.  Wilkes  Booth  ? 

A.  Yes,  sir :  I  had  command  of  the  detachment  of  the  Six- 
teenth New- York  Cavalry  that  captured  Herold  and  Booth. 

Q.  The  circumstances  of  that  capture  have  been  fully  detailed 
by  other  witnesses.  I  will  ask  you  to  mention  the  part  you  took, 
if  any,  in  the  capture  of  the  prisoner  Herold,  and  state  to  the 
Court  all  that  he  said  on  the  occasion  of  his  capture. 

A.  There  was  considerable  conversation  with  reference  to  the 
arms  that  were  inside  of  Mr.  Grarrett's  barn.  "We  requested  Booth 
to  come  out  of  the  barn,  and  Herold  also.  Booth  at  first  denied 
that  there  was  anybody  there  but  himself;  but  finally  he  said, 
*'  Captain,  there  is  a  man  here  who  wishes  to  surrender  awful 
bad; "  and  Mr.  Baker,  one  of  the  detectives  who  was  there,  said, 
"Let  him  hand  out  his  arms."  I  stood  by  the  door,  and  said, 
"Hand  out  your  arms,  and  you  can  come  out."  Herold  replied, 
*'  I  have  no  arms ;  "  and  Mr.  Baker  said,  "  We  know  exactly  what 
you  have  got."  I  said,  "  We  had  better  let  him  out."  Mr.  Baker 
said,  "No:  wait  until  Mr.  Conger  comes  here."  I  said,  "No: 
open  that  door!  "  —  directing  a  man  to  open  the  door:  "I  will 
take  that  man  out  myself."  The  door  was  opened ;  and  I  directed 
Herold  to  put  out  his  hands.  I  took  hold  of  his  wrists,  and  pulled 
him  out  of  the  barn.  I  then  put  my  revolver  under  my  arm,  and 
ran  my  hands  down  him,  to  see  if  he  had  any  arms ;  and  he  had 
none.  I  then  said  to  him,  "Have  you  got  any  weapons  at  all 
about  you  ?  "  He  said,  "  Nothing  at  all  but  this,"  —  pulling  out 
a  piece  of  paper,  being  a  map  of  Virginia,  which  I  put  in  my 
pocket.  Just  at  this  time  the  shot  was  fired,  and  the  door  thrown 
open ;  and  I  dragged  Herold  into  the  barn  with  me.  Booth  had 
fallen  on  his  back.  The  soldiers  and  two  detectives,  who  were 
there,  went  into  the  barn,  and  carried  out  Booth.     I  took  charge 


THE     TRIAL.  93 

of  Herold ;  and,  when  I  got  him  outside,  he  said,  "Let  me  go 
away ;  let  me  go  around  here :  I  will  not  leave  ;  I  will  not  go 
away."  Said  I,  "No,  sir."  Said  he  to  me,  "Who  is  that  that 
has  been  shot  in  there  in  the  barn  ?  "  —  "  Why  ! ' '  said  I,  ' '  you 
know  well  who  it  is."  Said  he,  "  No,  I  do  not :  he  told  me  his 
name  was  Boyd."  Said  I,  "It  is  Booth  ;  and  you  know  it."  Said 
he,  "  No  :  I  did  not  know  it ;  I  did  not  know  that  it  was  Booth." 
I  took  him,  and  tied  him  then  by  the  hands  to  a  tree  opposite,  about 
two  yards  from  where  Booth's  body  was  carried,  on  the  veranda 
of  the  house,  and  kept  him  tied  there  until  we  were  ready  to  return. 
Booth  in  the  mean  time  died ;  and  I  sewed  him  up  in  a  blanket. 
Previous  to  this,  I  had  sent  some  cavalry-men  for  the  doctor  ;  and 
we  got  a  negro,  who  lives  about  half  a  mile  from  there,  with  a 
wagon,  and  put  the  body  on  board  the  wagon,  and  started  for  Belle 
Plain  ;  and  the  body  was  waiting  my  orders  there. 

Q.    Where  did  Herold  say  he  had  met  this  man  ? 

A.  He  afterwards  told  me  that  he  met  him  about  seven  miles 
from  Washington  by  accident,  on  the  night  of  the  murder.  I  think 
he  said  between  eleven  and  twelve  o'clock  that  night. 

Q.  Did  he  not  persist  in  saying  that  he  did  not  know  him  at 
all? 

A.  At  first,  he  said  he  did  not  know  him,  and  said  that  his  name 
was  Bovd. 

Q.    Did  he  state  where  they  went  after  they  met  in  3Iaryland  ? 

A.  He  told  me  that  they  went  to  Matthias  Point,  and  crossed 
there. 

Q.  Did  he  mention  the  houses  at  which  they  stopped  on  the 
way? 

A.  No,  sir  ;  not  to  my  knowledge.  Dr.  Stewart  was  mentioned 
as  one  in  whose  house  they  were ;  but  whether  he  said  so  or  not,  I 
do  not  distinctly  recollect. 

Cross-examined  by  Mr.  Stone  : 

Q.    Did  you  hear  Booth  say  any  thing  about  Herold's  innocence  ? 

The  Judge  Advocate  objected  to  the  question;  and  it  was  varied 
as  follows :  — 

Q.    Did  Booth  say  any  thing  further  in  reference  to  Herold  ? 


94  THE     TRIAL. 

A.  Booth  said  that  he  was  the  only  guilty  man  or  party,  or 
words  to  that  etfect. 

Q.    Herold  made  no  resistance  at  all,  did  he  ? 

A.  No,  sir  :  excepting  coming  home,  he  said  his  feet  were  sore, 
and  he  could  not  walk  ;  and  i  procured  a  horse,  and  tied  him 
on  it. 

By  Mr.  Clampitt  : 

Q.  Did  not  Booth  remark,  "  This  man  was  innocent"?  Was 
not  this  his  expression  ? 

A.  He  used  words  to  that  effect ;  but  I  cannot  swear  those  were 
the  exact  words  he  used. 

William  E.   Clever, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

By  the  Judge  Advocate  : 

Q.  State  whether  or  not  you  reside  in  this  city,  and  what  your 
business  is. 

A.  I  keep  a  livery-stable  on  Sixth  Street,  in  Washington  City. 

Q.  Will  you  state  whether  or  not  J.  Wilkes  Booth  at  any  time 
kept  a  horse  or  horses  in  your  stable  V 

A.  Yes,  sir. 

Q.  When? 

A.  In  January  last. 

Q.  Will  you  describe  any  of  the  animals  that  he  kept  there  ? 

A.  He  kept  a  one-eyed  bay  horse  there  part  of  the  time. 

Q.  State  how  long  he  kept  him,  and  under  what  cu'cumstances 
the  horse  was  taken  from  your  stable. 

A.  He  kept  him  there  about  one  month. 

Q.  When  did  he  leave  the  stable  ? 

A.  He  sold  the  horse  on  the  30th  of  January. 

Q.  To  whom? 

A.  To  Mr.  Sam.  Arnold. 

Q.  Do  you  mean  the  prisoner  Samuel  Arnold? 

A.  Yes,  sir. 

Q.  Did  you  see  the  horse  afterwards? 


THE      TRIAL.  95 

A.    Yes,  sir :  I  saw  the  horse  eight  days  afterwards,  when  Mr. 
Arnold  paid  me  the  livery. 

Q.    Do  you  know  any  thing  about  the  terms  of  the  sale,  or  the 
circumstances  of  it? 

A.    I  do  not :  only  Mr.  Booth  told   me  he  had  sold  the  horse  to 
Mr.  Arnold  ;  and  Mr.  Arnold  paid  me  the  livery. 

Q.    You  saw  him  afterwards  in  Arnold's  possession  ? 

A.   Yes,  sir ;  and  he  paid  me  the  livery  on  taking  him  away. 

Q.    Have  you  seen  that  horse  recently  ? 

A.   No,  sir  :  I  have  not  seen  him  since. 

Q.    I  believe  you  said  he  was  taken  away  by  Arnold  on  the  30th 
of  January? 

*      A.    The  8th  of  February.     Mr.  Booth  sold  him  on  the  30th  of 
January. 

Q.    By  whom  was  he  taken  away  in  February? 

A.   By  Mr.  Arnold. 

Q.    Samuel  Arnold,  the  prisoner? 

A.   Yes,  sir. 

Q.    On  the  8th  of  February  last  ? 

A.   Yes,  sir. 

Q.  I  will  ask  you  whether  or  not  you  saw  Booth  and  John  H. 
Surratt,  and  any  of  these  prisoners,  together  at  your  stable,  either 
ridinof  out  or  otherwise  ? 

A.    Yes,  sir. 

Q.    When? 

A.  John  H.  Sun-att  used  to  hire  horses  from  me  to  go  down  the 
country  to  parties  in  January  last.  I  have  the  date  on  the  book. 
I  cannot  recollect  the  time  now. 

Q.    With  whom  was  he  generally  ? 

A.  Mr.  Booth  ;  and,  after  three  or  four  visits  down  the  country, 
Mr,  Bootli  left  word  that  Mr.  Surratt  was  to  use  his  horse  any  time 
he  thought  proper,  any  time  he  came  for  him. 

Q.    Did  you  ever  see  the  prisoner  Atzerodt  with  them  ? 

A.    No,  sir  ;  but  I  have  seen  him  at  the  stable  with  horses. 

Q.    But  not  with  those  men  ? 

A.    No,  sir :  I  saw  him  there  with  horses  for  sale. 


96  THE     TRIAL.  '     " 

Q.  "With  whom  was  ArnolcT  generally  associated  when  he  was  at 
your  stable  ? 

A.   I  never  saw  him  with  anybody  there.     He  came  there  alone. 

Q.    Was  Atzerodt  there  frequently  ? 

A.   No,  sir  :  I  do  not  think  I  ever  saw  him  there  but  once. 

Cross-examined  by  Mr.  Ewing  : 

Q.  Did  you  ever  see  the  prisoner  Arnold  at  your  stable  after  the 
8th  of  February  ? 

A.    No,  sir ;  not  to  my  knowledge. 

Q.    How  many  times  did  you  ever  see  him  at  your  stable  ? 

A.  I  do  not  think  I  ever  saw  him  but  the  one  time  after  he  paid 
me,  —  twice. 

Q.    You  never  saw  him  but  twice? 

A.    No,  sir. 

The  Judge  Advocate  requested  the  witness  to  proceed  to  the 
stable  on  the  corner  of  Seventeenth  and  I  Streets,  and  examine  a 
one-eyed  horse  there  for  the  purpose  of  identification ;  and,  on  his 
return,  his  examination  was  continued  as  follows  :  — 

By  the  Judge  Advocate  : 

Q.  State  now  whether,  since  you  left  the  witness-box  before, 
you  have  been  to  the  stable,  and  examined  the  horse  of  which  I 
spoke. 

A.    I  have  been. 

Q.  State  whether  that  is  the  same  horse  of  which  you  spoke  in 
your  testimony. 

A.    The  very  identical  horse. 

Q,    At  what  stable  did  you  find  him  ? 

A.  The  stable  of  General  Augur's  headquarters,  on  the  corner 
of  Seventeenth  and  I  Streets. 

Q.    Is  that  the  horse  that  Arnold  bought  of  Booth  ? 

A,   Yes,  sir. 

Q.    You  do  not  know  what  payment  was  made  on  the  horse? 

A.   I  do  not. 

By  Mr.  Ewing  : 

Q.    How  do  you  know  that  Arnold  bought  the  horse  of  Booth  ? 


THE     TRIAL.  97 

A.  I  do  not  know  it ;  only  Booth  told  me  so ;  and  I  credited  it  to 
Mr.  Ai'nold  the  next  morning,  —  put  the  livery  to  him. 

By  Assistant  Judge  Advocate  Burnett  : 

Q.    You  mean  you  charged  the  livery  to  Arnold  ? 

A.  Yes,  sir ;  and  he  afterwards  called,  and  paid  me  $8. 

By  Mr.  Doster  : 

Q.    Have  you  ever  seen  that  horse  in  the  possession  of  the  pris- 
oner Atzerodt  ? 
A.   No,  sir. 

Marshal  James  L.  McPhail 

recalled  for  the  prosecution. 

By  the  Judge  Advocate  : 

Q.  Will  you  state  to  the  Court  whether  or  not  the  prisoner 
O'Laughlin  has  been  in  the  rebel  service  ? 

A.   He  has,  sir. 

Q.    How  long  was  he  in  the  military  service  of  the  rebels  ? 

A.   I  think,  about  one  year. 

Q.    How  long  is  it  since  he  left  that  service  ? 

A.  He  came  into  the  lines  about  the  time  of  the  battles  of  Antie- 
tam  and  South  Mountain.  He  came  in  at  Martinsburg.  I  think  it 
was  in  September,  1863,  according  to  my  recollection,  that  the  bat- 
tle took  place.     That  was  the  date,  however,  that  he  came  in. 

Q.  Do  you  know  whether  or  not  he  has  taken  the  oath  of  allegi- 
ance ? 

A.  He  stated  to  me  that  he  had  taken  the  oath  of  allegiance  at 
Martinsburg.  In  hunting  the  records  of  the  Provost  Marshal's  of- 
fice this  morning,  before  leaving  home,  I  found  the  oath  of  allegi- 
ance of  one  Michael  O'Laughlhi ;  and,  looking  at  the  writing,  myself 
and  others  concluded  that  it  was  his. 

Q.   What  is  the  date  of  that? 

A.  June  16,  1863.  I  will  state  that  Mr.  O'Laughlin  sent  for 
me  to  correct  what  he  said  was  an  error.  When  he  was  first  brought 
to  my  office,  he  stated  that  he  had  not  reported.  He  sent  for  me  to 
correct  that  error,  —  to  say  that  he  had  reported  at  Martinsburg,  and 

VOL.  II.  9 


98  THE     TRIAL, 


taken  the  oath  of  allegiance.     This  oath  is  dated  at  Baltimore,  June 
10,  1863,  and  signed  "  M.  O'Laugblin." 

Cross-examined  bj  Mr.  Cox  : 

Q. .  Does  it  appear  on  the  face  of  that  oath  that  it  was  taken  at 
Baltimore  ? 

A.   Yes,  sir.     Shall  I  read  it  ? 
Mr.  Cox.     Yes,  sir. 

The  witness  read  the  oath,  as  follows  :  — 

Headquarters  Middle  Department, 

8th  Army  Corps,  Office  Provost  Marshal. 

I,  Michael  O'Laughlin,  do  solemnly  swear  that  I  will  bear  true 
allegiance  to  the  United  States,  and  support  and  sustain  the  Consti- 
tution and  laws  thereof;  that  I  will  maintain  the  national  sovereignty 
paramount  to  that  of  all  State,  county,  or  corporate  powers,  or  any 
ordinance  of  same  ;  that  I  will  discourage,  discountenance,  and  for- 
ever oppose,  secession,  rebellion,  and  the  disintegration  of  the 
Union  ;  that  I  disclaim  and  denounce  all  faith  and  fellowship  with 
the  so-called  Confederate  States  and  Confederate  armies,  and 
pledge  my  property  and  my  life  to  the  sacred  performance  of  this 
my  solemn  oath  of  allegiance  to  the  Government  of  the  United 
States.  And  further  :  I  will  not  attempt  to  trade,  directly  or  indi- 
rectly, and  have  no  business  transaction  whatever,  with  any  person 
living  in  the  so-called  Confederate  States.     So  help  me  God. 

Witness : 

E..  H.  Marshall, 

Lieut,  and  x\sst.  Provost  Marshal 

M.  O'Laughlin.     [l.s.] 
Baltimore,  June  16,  1863. 

Q.  Are  you  sure  that  the  statement  he  made  with  reference  to 
Martinsburg  did  not  refer  simply  to  the  point  at  which  he  came  into 
the  lines  ? 

A.  He  stated  to  me  that  he  came  into  the  lines  at  Martinsburg, 
and  there  took  the  oath. 

Q.    You  are  satisfied  that  he  said  he  took  the  oath  there  ? 


THE     TRIAL.  99 

A.  That  is  what  I  understood  him  to  say ;  that  was  my  under- 
standing. 

Q.    He  told  you  that  he  came  into  the  lines  there  ? 

A.   Yes,  sir  ;  at  Martinsburg. 

Q.  Could  you  possibly  be  mistaken  about  his  having  said  that  he 
had  taken  the  oath  there  instead  of  at  Baltimore  ? 

A.  He  sent  for  me  to  correct  the  statement  he  had  made  first  to 
me,  that  he  had  not  reported  at  Baltimore  ;  and  he  stated  that  he  had 
come  into  the  lines  at  Martinsburg,  and  there  taken  the  oath.  That 
is  my  recollection  of  it.  It  is  customary,  even  in  taking  the  oath  of 
parties  outside  of  the  city,  for  them  to  report  in  the  city  when  they 
arrive,  or  else  they  render  themselves  liable  to  arrest. 

Q.    Is  that  oath  signed  by  him  ? 

A.   This  is  signed  "  M.  O'Laughlin." 

Q.    Do  you  know  his  handwriting  ? 

A.  I  have  seen  his  handwriting;  and,  as  I  have  stated,  I  believe 
that  to  be  the  handwriting.  I  have  seen  a  good  deal  of  it  within 
the  last  two  or  three  weeks. 

Q.    You  never  saw  him  write,  did  you  ? 

A.   I  think  not. 

Q.  Did  you  ever  see  any  letters  of  his  that  he  acknowledged  to 
be  his  own  ? 

A.  I  have  seen  letters  with  his  sio-nature,  but  none  that  he  ac- 
knowledged  to  be  his  own.  I  had  no  conversation  with  him  about 
letters. 

Mr.  Cox  asked  the  Court  to  exclude  the  oath  of  alle2:iance  sis-ned 
"  M.  O'Laughlin,"  produced  by  this  witness,  from  the  record,  on 
the  ground  that  the  witness  had  not  shown  such  a  familiarity  with 
the  handwriting  of  the  accused,  Michael  O'Laughlin,  as  to  justify 
him  in  swearing  that  the  signature  to  the  oath  was  his  genuine  signa- 
ture. 

The  Judge  Advocate  stated  that  he  had  not  offered,  and  did  not 
propose  to  offer,  the  paper  in  evidence. 

Mr.  Cox  withdrew  his  request. 

By  the  Court  : 

Q.  Do  you  know  that  O'Laughlin  has  evei*  been  in  the  rebel  ser- 
vice ? 


100  THE     TRIAL. 

A.   Only  from  liis  own  declarations. 

Q.    He  stated  that  to  you  ? 

A.    Oh,  yes,  sir  ! 

Q.  Do  his  family  reside,  and  have  they  resided,  in  Baltimore  for 
some  time  ? 

A.  They  have  resided  in  Baltimore  within  my  recollection.  I 
have  known  them,  I  suppose,  for  thirty  years. 

Dr.  T.  S.  Yerdi, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

By  the  Judge  Advocate  : 

Q.    Will  you  state  to  the  Court  what  is  your  profession  ? 

A.    I  am  a  physician. 

Q.  Will  you  state  whether  or  not,  on  the  night  of  the  attempted 
assassination  of  Mr.  Seward,  the  Secretary  of  State,  you  were  called 
to  his  residence  professionally  ? 

A.  Yes,  sir  :  I  was  called  by  two  servants  from  the  house  of  Mr. 
Seward. 

Q.    At  what  hour  in  the  night  ? 

A.  I  do  not  recollect  to  the  minute  ;  but  it  was  probably  half-past 
ten  o'clock,  —  perhaps  a  little  sooner. 

Q.    On  Friday  night,  the  14th  of  April  ? 

A.   Yes,  sir. 

Q.  Will  you  state  in  what  condition  you  found  ]\Ir..  Emrick  W. 
Hansell  ? 

A.  I  found  Mr.  Hansell  in  th3  south-east  corner,  on  the  same  floor 
with  Mr.  Seward,  lying  on  a  bed.  He  said  he  was  wounded  :  I  un- 
dressed him,  and  found  a  stab  over  the  sixth  rib,  from  the  spine  ob- 
liquely towards  the  right  side.  I  put  my  fingers  into  the  wound  to 
see  whether  it  had  penetrated  the  lungs.  I  found  that  it  had  not ; 
but  I  could  put  my  fingers  probably  two  and  a  half  inches  or  three 
inches  deep.  Apparently  there  was  no  internal  bleeding.  The 
wound  seemed  to  be  an  inch  wide,  so  that  the  finger  could  be  put  in 
very  easily  and  moved  all  around. 

Q.    Had  the  stab  the  appeaiance  of  being  just  made  ? 


THE     TRIAL.  101 

A.  Yes,  sir  :  it  was  bleetling  tlion,  very  fresh  to  all  appearances. 
Probably  it  was  not  fifteen  .or  twenty  minutes  since  the  stab  had 
occurred . 

Q.  Did  you  see  the  other  persons  in  the  house  of  Mr.  Seward 
who  were  stabbed  on  that  evening  at  the  same  time  ? 

A.   I  saw  every  one  of  them. 

Q.  Mention  who  they  were.  You  need  not  describe  their 
wounds. 

A.  I  saw  the  Hon.  William  H.  Seward,  Frederick  Seward,  Ma- 
jor Augustus  H.  Seward,  Mr.  Robinson,  and  Mr.  Hansell. 

Q.  They  were  all  at  that  moment  wounded,  and  their  wounds 
bleeding  ? 

A.  Yes,  sir  :  I  had  left  Mr.  Seward  about  nine  o'clock  very  com- 
fortable in  his  room ;  and  when  I  saw  him  next  he  was  in  his  bed 
covered  with  blood,  with  blood  all  around  him,  blood  under  the  bed, 
and  blood  on  the  handles  of  the  doors.  Miss  Fannie  Seward  and 
Mr.  Robinson  were  in  the  room. 

Cross-examined  by  Mr.  Doster  : 

Q.    Did  you  see  Mr.  Frederick  Seward  on  that  occasion  ? 

A.   Yes,  sir. 

Q.  Will  you  state  to  the  Court  whether  or  not  he  was  sensible,  — 
conscious  ? 

A.  He  was  sensible ;  he  was  conscious ;  but  had  great  difficulty 
in  articulating.  He  wanted  to  say  something  ;  but  he  could  not  ex- 
press himself.  He  knew  me  perfectly  well.  He  had  a  smile  of 
recognition  on  his  lips ;  and,  as  I  looked  upon  his  wound  on  the  fore- 
head, —  it  was  on  the  forehead,  — he  was  evidently  impressed  with 
the  idea  that  the  severest  wound  was  in  the  back  of  the  head ;  and 
he  commenced  saying,  "  It  is,  it  is;"  and  he  would  put  his  finger 
to  the  back  of  his  head.  I  examined  the  wound,  and  found  that  his 
skull  was  broken ;  and  I  said  to  him,  "  You  want  to  know  whether 
your  skull  is  broken  or  not  ?  "  and  he  said  "  Yes."  He  was  sensi- 
ble for  some  time  ;  but  probably  in  half  an  hour  he  went  into  a  sleep 
from  which  he  woke  in  about  fifteen  or  twenty  minutes,  and  we  at- 
tempted to  put  him  to  bed.  Then  he  helped  himself  considerably. 
We  put  him  to  bed,  and  he  went  to  sleep,  in  which  he  remained  for 
9* 


102  THE      TRIAL. 

sixty  Hours,  and  then  improved  in  appearance,  and  gradually  became 
more  sensible. 

Q.  Did  you  also  give  an  opinion,  after  examining  tbe  wounds  of 
tbe  elder  Mr.  Seward,  as  to  whether  they  were  mortal  or  not  ? 

A.  Yes,  sir.  When  I  saw  Mr.  Seward,  I  saw  terror  in  the  ex- 
pression of  all  bis  family,  evidently  expecting  that  his  wounds  were 
mortal.  I  examined  the  wounds,  and  immediately  turned  round  to 
the  family,  and  said,  "  I  congratulate  you  all  that  the  wounds  are  not 
mortal;  "  upon  which  Mr.  Seward  stretched  out  his  hands  and  re- 
ceived his  family,  and  there  was  a  mutual  congratulation. 

Q.    How  long  was  that  before  Dr.  Barnes  made  his  appearance  ? 
.  A.    Probably  twenty  minutes. 

Q.  Was  or  was  not  Mr.  Seward,  at  the  time  when  this  attack  was 
made,  in  a  critical  condition  ? 

A.  No,  sir.  He  had  improved  very  much  from  a  fonner  acci- 
dent he  had  had,  when  his  jaw  was  broken ;  but  he  was  evidently 
improving  then. 

Q.  Will  you  state  what  the  effect  of  these  wounds  upon  Mr.  Sew- 
ard was,  in  reference  to  his  former  condition  ? 

A.  The  effect,  principally,  was  from  loss  of  blood,  which 
weakened  him  very  much,  and  made  his  condition  still  more  delicate 
and  difficult  to  rally  from  the  sljock.  The  wound  itself  created  more 
inflammation  in  the  swollen  cheek,  —  the  cheek  that  had  been  swollen 
by  the  injury  received  before,  —  and  rendered  the  union  of  the  bones 
more  difficult. 

Q.  Have  you  not,  at  some  time  before  this  trial,  stated  that  the 
wounds  received  by  Mr.  Seward  had  a  tendency  to  aid  his  recovery 
from  his  former  accident  ? 

A.  No,  sir.  That  is  an  idea  that  got  afloat  from  the  fact  that  the 
cheek  was  very  much  inflated  and  swollen,  and  that,  by  cutting  into 
it,  it  could  probably  recover  faster ;  but  that  was  not  my  opinion, 
and  I  never  expressed  it. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.  It  does  not  help  a  man  who  is  injured  to  cut  him  over  the 
face? 

A.   Not  much ;  unless  he  has  an  abscess. 


THE     TRIAL.  103 

By  Mr.  Doster  : 

Q.    Have  you  seen  such  an  opinion  ? 

A.  No,  sir  :  I  have  heard  it  expressed  lately  about ;  but  I  do  not 
know  who  originated  it. 

Joseph  Borroughs 
recalled  for  the  prosecution  : 

By  Assistant  Judge  Advocate  Bingham  : 

Q.  State  to  the  Court  whether  or  not  you  were  working  at  Ford's 
Theatre  in  January  last. 

A.  Yes,  sir  :   I  was  working  there. 

Q.  State  if  you  know  the  stable  in  the  rear  that  was  occupied  by 
Booth  with  his  horses  and  carriage. 

A.  Yes,  sir. 

Q.  State  if  you  know  who  fitted  up  that  stable  for  Booth. 

A.  Spangler,  and  a  man  by  the  name  of  George. 

Q.  What  Spangler  ? 

A.  Ned  Spangler. 

Q.  The  prisoner  here  at  the  bar  ? 

A.  Yes,  sir. 

Q.  Did  he  do  that  in  January  last,  before  Booth  put  the  horses 
in  it? 

A.  Yes,  sir. 

Q.  What  did  he  do  to  the  stable  ? 

A.  He  raised  it  up  a  little  higher,  and  put  stalls  in  it. 

Q.  How  many  stalls  did  he  put  in  it  ? 

A.  Two. 

Q.  Did  he  prepare  a  carriage-room  too  ? 

A.  Yes,  sir ;  but  first  he  had  to  raise  it  higher  for  the  buggy. 

Q.  Was  Booth  there  at  the  time  when  he  was  doing  it  ? 

A.  He  was  there  sometimes :  he  was  there  a  little  once. 

Cross-examined  by  Mr.  Ewing  : 

Q.    Did  Booth  occupy  the  stable  with  his  buggy  and  horse? 

A.   Yes,  sir. 

Q.    From  that  time  on  until  the  assassination  ? 


104  THE     TRIAL. 

A,  Yes,  sir.  First  he  had  a  horse  and  saddle  in  there ;  and  then 
he  sold  that  horse,  and  got  a  horse  and  buggy. 

Q.    He  had  the  horse  and  buggy  there  until  the  assassination  ? 
A.   Yes,  sir. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.  I  would  Hke  to  know  what  horse  and  buggy,  if  any,  he  sold 

before  that  time. 

A.  He  sold  the  horse  that  he  brought  there  first,  —  the  horse  and 
saddle. 

Q.  Was  there  any  buggy  sold  before  that  time  ? 

A.  No,  su" :  he  sold  the  buggy  last,  —  the  horse  and  buggy. 

Q.  When  was  it  sold  ? 

A.  It  was  sold  on  Wednesday,  I  think. 

Q.  Was  that  the  Wednesday  before  the  President  was  murdered  ? 

A.  Yes,  su*. 

Q.  Who  sold  it  for  him  ? 

A.  Spangler. 

Q.  What  Spangler  ? 

A.  Ned  Spangler. 

Q.  The  prisoner  here  ? 

A.  Yes,  sir. 

By  Mr.  Ewing  : 

Q.    Do  you  know  to  whom  he  sold  it  ? 

A.  No,  sir :  I  do  not  know  who  he  sold  it  to.  He  brought  it 
down  to  the  bazaar  on  3Iaryland  Avenue,  but  could  not. get  what  lie 
wanted  for  it ;  and  then  he  sold  it  to  a  man  who  kept  a  livery- stable, 
he  said. 

Q.    He  took  it  down  to  the  bazaar  ?  . 

A.   Yes,  sir. 

Q.    Is  that  where  they  sell  horses  and  carriages  ? 

A.   Yes,  sir. 

Q.  Did  you  not  go  with  Spangler  when  he  went  down  to  the 
bazaar  ? 

A.   Yes,  sir  :  I  went  with  him  down  to  the  bazaar. 

Q.  Did  not  Booth  and  GiSbrd  tell  Spangler  on  Monday  to  take 
it  to  the  bazaar  ? 


TEE     TRIAL.  105 

A.  Yes,  sir. 

Q.    And  you  cleaned  it  off? 

A.  Yes,  sir :  I  went  out  there,  and  cleaned  it  off. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.  That  was  on  the  Monday  before  the  murder,  as  I  understand 
it? 

A.  Yes,  sir. 

James  L.  Maddox, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  Assistant  Judge  Advocate  Bingham  : 

.    Q.    Were  you  employed  in  Ford's  Theatre  last  wmter  ? 

A.   Yes,  sir  :  I  was. 

Q.  State  to  the  Court  who  rented  the  stable  for  Booth,  which  he 
occupied  with  his  horse  during  the  winter,  and  on  the  night  of  the 
murder  of  President  Lincoln. 

A.    I  did. 

Q.    When  did  you  rent  that  stable  ? 

A.   I  think  it  was  in  December  last. 

Q.    From  whom  did  you  rent  it  ? 

A.   Mrs.  Davis. 

Q,    For  whom  did  you  rent  it  ? 

A.   For  Mr.  Booth. 

Q.  How  was  the  rent  paid  to  ]\Irs.  Davis,  —  montiily  or  quarter- 
ly? 

A.    Monthly. 

Q.    Who  paid  the  rent  ? 

A.   I  did. 

Q.    Who  furnished  the  money  ? 

A.   Mr.  Booth  gave  me  the  money. 

Q.  Were  you  present  at  the  decoration  of  the  President's  box  on 
Friday  afternoon,  the  14th  of  April  last,  —  the  day  of  the  Presi- 
dent's murder  ? 

A.   I  was  there  at  one  time. 

Q.    Do  you  know  who  decorated  it  ? 


106  THE     TRIAL. 

A.   I  saw  Harry  Ford  in  there  decorating  it. 

Q.    Did  you  see  anybody  else  ? 

A.  I  do  not  recollect  seeing  any  person  else  in  the  box.  There 
may  have  been  some  persons  in  there  ;  but  I  did  not  see  them. 

Q.  Do  you  know  who  put  in  that  box,  on  that  day,  the  rocking- 
chair  on  which  the  President  sat  ? 

A.  I  do  not :  I  saw  the  colored  man  Joe  Sims  with  it  on  his 
head.  He  was  coming  down  from  up  in  Mr.  Ford's  room,  and  going 
through  the  alley- way. 

Q.    He  was  bringing  it  into  the  theatre  ? 

A.   Yes,  sir. 

Q.    Was  that  in  the  afternoon  ? 

A.  Yes,  sir. 

Q.    Did  you  see  who  helped  him  to  put  it  in  that  box  ? 

A.   No,  sir. 

Q.    Had  you  ever  seen  that  chair  in  that  box  at  all  ? 

A.   Not  this  season. 

Q.    Had  you  ever  seen  it  ? 

A.  The  first  time  the  President  ever  came  there,  it  was  put  in 
there. 

Q.    When  was  that? 

A.   In  the  winter  of  1863. 

Q.    Then  you  had  not  seen  it  there  for  two  years  ? 

A.   No,  sir. 

Q.    Were  you  in  the  box  that  day,  yourself? 

A.   No,  sir. 

Q.    Had  you  been  in  the  box  a  few  days  before  ? 

A.   No,  sir :  I  have  not  been  in  that  box  since  1863. 

Cross-examined  by  Mr.  Ewing  : 

Q.    What  has  been  your  business  at  the  theatre  ? 
,     A.   The  property-man. 

Q.  Do  your  duties  require  you  to  be  on  the  siage  while  the  per- 
formance is  going  on  ? 

A.  Yes,  sir  :  if  there  is  any  thing  to  do.  There  is  a  great  deal 
of  work  to  do  generally.  Sometimes  there  is  nothing  at  all,  and  I 
go  out. 


THE     TRIAL.  107 

Q.    What  is  your  position  on  the  stage  ? 

A.  To  see  that  the  furniture  is  put  on  there  right ;  to  give  the 
actors  any  side-properties  that  are  required  to  use  in  the  piece. 

Q.  What  place  on  the  stage  is  yours  ?  What  part  of  the  stage 
do  you  occupy  ? 

A.  My  room  is  not  on  the  stage  :  it  is  off  the  stage.  I  do  not 
occupy  any  part  of  the  stage  particularly. 

Q.    You  have  no  position  on  the  stage  ? 

A.   No  position  on  the  stage  proper. 

Q.    Do  you  know  the  passage-way  by  which  Booth  escaped  ? 

A.  I  was  shown  the  passage-way.  I  did  not  see  him  escape  that 
way. 

Q.  Can  you  state  whether  it  is  customary  during  a  performance 
to  have  that  passage-way  clear  or  obstructed  'I 

A.  It  is  generally  clear.  I  have  never  seen  it  blocked  up. 
When  we  are  playing  a  heavy  piece,  we  generally  have  to  run  things 
in  there  in  a  hurry.     It  is  generally  clear. 

Q.   Is  the  "  American  Cousin  "  a  heavy  piece  ? 

A.   No,  sir. 

Q.  Do  you  think,  then,  that,  during  the  play  of  the  "  American 
Cousin,"  that  passage  through  which  Booth  passed  would  properly 
be  clear,  with  no  obstruction  ? 

A.   Yes,  sir. 

Q.    Where  was  Spangler's  position  on  the  stage  ? 

A.   His  position  was  on  the  left-hand  side  of  the  stage. 

Q.    The  same  side  that  the  President's  box  was  on? 

A.  Yes,  sir :  he  has  always  been  on  that  side  since  I  have  been 
about  the  theatre. 

Q.    Did  you  see  Spangler  that  night? 

A    Yes,  sir :  I  did. 

Q.  State  at  what  times  you  saw  him,  and  where  he  was  during 
the  performance. 

A.   I  saw  him  pretty  nearly  every  scene.     If  he  had  not  been 
there,  I  should  certainly  have  missed  him.     I  do  not  recollect  of  see- 
ing him  away  from  the  flats  at  all.     He  may  have  been  away  ;  but  I 
cannot  say. 
•Q.    If  he  had  been  away,  you  would  have  missed  him  ? 


108  THE     TRIAL. 

A.  Yes,  sir  :  because  some  person  would  have  had  to  run  his  flat 
off;  and  every  person  would  have  been  inquiring  where  he  was. 

Q.    If  he  had  been  away  for  what  length  of  time  ? 

A.  If  he  had  missed  one  scene,  we  should  have  known  it.  Some- 
times one  scene  lasts  twenty  minutes ;  and  a  man  can  go  a  good 
ways  in  that  time. 

Q.  In  the  third  act  of  the  *'  American  Cousin,"  are  not  the 
scenes  shifted  frequently? 

A.  Yes,  sir :  there  are  seven  scenes  in  it  the  way  Miss  Keene 
plays  it. 

Q.  Would  it  have  been  practicable  for  Spangler  to  have  been  ab- 
sent during  the  performance  of  that  act  ? 

A.   No,  sir :  it  would  not.     He  ou2;ht  not  to  have  been  absent. 

Q.  Would  it  have  been  practicable  for  him  to  be  absent  for  five 
minutes,  without  his  absence  being  noticed  ? 

A.   It  would. 

Q.    Ten  minutes  ? 

A.  No :  even  five  minutes'  absence  would  have  been  noticed 
during  the  third  act. 

Q.    How  was  it  during  the  second  act  ? 

A.  I  guess  he  has  half  an  hour  in  the  second  act ;  and,  in  the  first 
scene  of  the  third  act,  he  has  twenty-five  minutes.  After  the  first 
scene  of  the  third  act,  the  scenes  are  pretty  quick. 

Q.    Were  you  at  the  front  of  the  theatre  during  that  play  ? 
.  A.   During  the  second  act,  I  was  in  the  box-office. 

Q.    Were  you  on  the  pavement  ? 

A.  I  went  through  the  alley-way  to  the  front  of  the  house.  I  had 
to  go  on  the  pavement. 

Q.    Did  you  see  Spangler  there  ? 

A.   I  did  not. 

Q.    Did  you  ever  see  Spangler  wear  a  mustache? 

A.  Not  since  I  have  known  him ;  and  I  have  known  him  two 
years  next  month. 

Q.  Where  were  you  at  the  moment  the  President  was  assassinat- 
ed? 

A.   I  was  in  the  first  entrance,  left-hand. 

Q.    That  is  the  side  the  President's  box  is  on  ? 


THE     TRIAL.  109 

A.   Yes,  sir. 

Q.    Did  you  see  Spangler  very  shortly  before  that  ? 

A.  Yes,  sir  :  I  think  I  did.  I  saw  him  standing  at  his  wing 
when  I  crossed  the  staf>;e  with  the  will  while  the  second  scene  of  the 
third  act  was  on. 

Q.    You  saw  him  in  his  place  then? 

A.   Yes,  sir. 

Q.    How  long  was  that  before  the  President  was  assassinated  ? 

A.  I  think  that  was  about  three  or  four  minutes  :  it  could  not 
have  been  longer  than  that  before ;  but  I  will  not  say  positively. 

Q.  When  you  heard  the  pistol  fired,  did  you  see  Booth  spring 
upon  the  stage  ? 

A.   No,  sir. 

Q.    Did  you  see  him  iiin  across  the  stage? 

A.  I  first  caught  a  glimpse  of  him  when  he  was  about  two  feet 
off  the  stage. 

Q.    Did  you  run  after  him  ? 

A.  I  ran  on  the  stage,  and  I  heard  a  call  for  water ;  and  then  I 
ran  for  water,  and  brought  a  pitcher  of  water,  and  gave  it  to  one  of 
the  officers. 

Q.    Did  you  see  Spangler  after  that  ? 

A.  I  did  not  see  him  after  that  until  the  next  mornins:.  I  do  not 
recollect  seeing  him  at  any  rate.  I  may  have  seen  him,  but  not 
have  taken  any  notice  of  it. 

Q.  Did  you  hear  Booth  that  night  when  he  rode  up  to  the  theatre, 
and  called  for  Spangler  ? 

A.   I  did  not. 

By  Assistant  Advocate  Bingham  : 

Q.  Do  you  know  whether  the  President's  box  was  locked,  except 
when  they  were  decorating  it  or  when  it  was  occupied  ? 

A.  I  do  not  know.  I  am  very  seldom  ever  in  the  front  of  the 
house  in  the  daytime. 

Q.  Do  you  not  know  whether  they  were  in  the  habit  of  keeping 
the  outside  door  of  it  locked  ? 

A.   I  do  not. 

VOL.    II.  10 


110  THE     TRIAL. 

Q.  Do  jou  know  whether  any  of  the  other  boxes  were  occupied 
that  niirht  when  the  President  sat  in  there  ? 

A.   I  do  not  think  any  of  them  were. 

Q.    Do  you  not  know  they  were  not? 

A.   I  do  not.     I  cannot  say  positively  whether  they  were  or  not. 

Q.    You  do  not  think  they  were  ? 

A.  I  do  not  think  they  were  ;  bat  I  would  not  say  positively  they 
were  not.  I  never  took  notice  only  first  of  the  President's  box,  and 
saw  that  the  President  came  in. 

By  Mr.  Ewing  : 

Q.  When  did  you  first  hear  that  the  President  was  coming  to  the 
theatre  that  nis-ht  ? 

A.  I  heard  it,  I  guess,  about  twelve  o'clock. 

Q.    Who  told  you? 

A.   Mr.  Harry  Ford. 

Q.    Do  you  know  whether  the  President  was  invited  ? 

A.  I  do  not.  I  heard  that  night  that  one  of  his  young  men, 
who  were  officers  up  there,  came  down  and  engaged  the  box  for  him. 
I  heard  him  say  so  myself. 

Q.    Heard  who  say  so  ? 

A.  I  do  not  know  what  his  name  is ;  but  he  is  one  of  the  detec- 
tives up  there  at  the  President's  House,  —  a  young  man.  I  heard 
him  say  that  night  that  he  had  come  down  that  morning  and  engaged 
the  box  for  the  President. 

Lieutenant  Reuben  Bartley, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

By  the  Judge  Advocate  : 

Q.  State  whether  or  not  you  are  and  have  been  in  the  military 
service  ;  and,  if  so,  what  position  you  have  held. 

A.  I  have  iDeen  in  the  service  since  1862,  and  in  service  in  the 
Signal  Corps  of  the  army  since  August,  1863. 

Q.  State  whether  or  not,  during  that  tune,  you  were  a  prisoner  of 
war ;  and,  if  so,  at  what  point. 


THE     TRIAL.  HI 

A.  I  was  a  prisoner  in  Pdclimond  from  the  3d  of  March,  1864, 
to  the  16th  of  July,  1864. 

Q.    In  what  prison  were  you  confined  there  ? 

A.  During  that  time,  I  was  in  Libby  Piison.  I  was,  at  other 
times,  in  different  prisons. 

Q.    Till  what  time  did  your  imprisonment  continue  ? 

A.   Until  the  10th  of  December,  1864. 

Q.  State  whether  or  not,  during  that  time,  you  had  occasion  to 
observe  and  did  observe  that  the  Libby  Prison  had  been  mined  by 
the  Confederate  authorities  with  a  view  to  exploding  it  in  the  event 
of  the  capture  of  the  place  by  our  army.     State  what  you  saw. 

A.  When  we  were  first  taken  to  Libby,  we  were  informed,  when 
taken  into  the  hall,  that  the  place  had  been  mined.  On  the  next 
morning,  we  were  taken  into  a  dungeon  in  the  cellar  part  of  the 
building.  In  going  to  the  door  of  the  dungeon,  we  had  to  go 
around  a  place  where  there  was  fresh  du-t,  in  the  centre  of  the  cel- 
lar. The  guard  would  allow  no  person  to  pass  over  it  or  near  it. 
On  inquiring  why,  we  were  told  that  that  was  the  place  where  the 
torpedo  had  been  placed.  That  remained  there  while  we  were  in 
the  dungeon,  and  for  some  time  after  we  were  taken  up  stairs. 

Q.  Did  you  have  an  opportunity  of  examining  and  seeing  the 
torpedo  ? 

A.  No,  sir;  not  while  there.  It  was  not  opened  while  we  were 
in  the  dungeon. 

Q.  Did  you  learn  that  from  the  officers  who  accompanied  you 
and  had  charge  of  you  ? 

A.   Yes,  sir. 

Q.    They  said  the  torpedo  was  buried  there  ? 

A.   Yes,  sir. 

Q.    Did  they  speak  of  one  or  more  ? 

A.    One.     It  was  always  spoken  of  as  the  torpedo. 

Q.  From  the  appearance  of  the  grounds,  of  the  place  dug  out, 
would  you  suppose  it  to  have  been  a  large  or  small  torpedo  ? 

A.  The  place  had  been  dug  out  pretty  large  ;  apparently  fresh 
dirt  with  a  diameter  of  six  feet ;  a  little  rise,  as  if  the  diit  had  been 
dug  out,  and  put  back  again  :  it  was  not  level. 

Q.    Was  that  du-ectly  under  the  prison  ? 


112  THE     TRIAL. 

A.   Directly  under  the  centre  of  the  prison. 

Q.  Did  they  explain  to  you  the  object  for  which  the  prison  had 
been  mined  ? 

A.  Yes,  sir.  Different  ones  in  conversation  told  us  that  it  had 
been  rained  on  account  of  the  raid  with  which  I  was  connected,  — 
Colonel  Dahlgren's  raid,  —  in  case  we  should  succeed  in  getting 
into  the  city,  that,  rather  than  have  the  prisoners  liberated,  they 
would  blow  them  up. 

Q.    The  officers  stated  that  was  the  purpose  of  it  ? 

A.   Yes,  sir. 

Lieutenant-Colonel  R.  B.  Treat, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q.    State  what  your  position  is  in  the  service. 

A.   I  am  Chief  Commissary  of  the  Army  of  the  Ohio. 

Q.  Have  you  recently  been  on  duty  in  the  State  of  North  Caro- 
lina? 

A.   Yes,  sir. 

Q.  Will  you  state  whether  or  not  the  army  with  which  you  were 
connected  there  captured  a  variety  of  boxes  said  to  contain  the 
archives  of  the  so-called  Confederate  States  ? 

A.  Yes,  sir :  they  were  delivered  by  General  Joseph  E.  John- 
ston to  General  SchoSeld  at  Charlotte,  N.C. 

Q.  State  under  what  circumstances  they  were  delivered,  and  with 
what  declaration  on  the  part  of  Johnston. 

A.  I  think  a  letter  was  sent  from  Charlotte  to  General  Schofield 
at  E-aleigh,  from  General  "Johnston,  stating  that  he  had  in  his  pos- 
session, at  Charlotte,  the  records  and  archives  of  the  War  Depart- 
ment of  the  Confederacy,  which  he  was  ready  to  deliver  on  his 
sending  an  officer  over  to  receive  them.  The  following  day,  an  offi- 
cer on  the  general's  staff  was  sent  to  Charlotte,  and  received  them, 
and  brought  them  to  Baleigh ;  and  from  that  point  I  brought  them 
here. 

Q.    To  whom  did  jou  deliver  them  here  ? 


^  THE     TRIAL.  113 

A.  I  delivered  them  to  the  War  Department ;  and  I  have  in  my 
possession  a  receipt  of  Major  Eckert,  acting  Assistant  Secretary  of 
War. 

Q.  Were  any  of  those  boxes  labelled,  and  the  contents  indi- 
cated ? 

« 

A.    The  most  of  them  were. 

Major  T.  T.  Eckert 
recalled  for  the  prosecution. 

By  iho;  Judge  Advocate  : 

Q.  State  to  the  Court  whether  or  not  you  received  certain  boxes 
from  Colonel  Treat,  purporting  to  contain  the  archives  or  records  of 
the  War  Department  of  the  so-called  Confederate  States. 

A.    I  did  :  I  received  them  yesterday  morning. 

Q.    Have  any  part  of  those  boxes  been  opened  ? 

A.   Yes,  sir. 

Q.    By  whom  ? 

A.   They  were  opened  by  my  direction  ;  I  believe,  by  Mr.  Hall. 

Q.  The  contents  have  undergone  some  examination  by  Mr. 
Hall? 

A.    Yes,  sir. 

Frederick  H.  Hall, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q.  State  whether  or  not  you  have  opened  certain  boxes,  or  parts 
of  boxes,  delivered  to  you  by  Major  Eckert,  containing  the  archives 
of  the  War  Department  of  the  so-called  Confederate  States. 

A.   I  have. 

Q.  [Submitting  to  the  witness  a  letter.]  Look  at  that  paper, 
and  state  whether  or  not  it  was  found  by  yourself  in  one  of  those 
boxes. 

A.    It  was. 

Q.    You  recognize  this  as  the  paper  found  by  you  ? 

A.   I  do. 

10* 


114  THE     TRIAL, 

[The  letter  thus  identified  was  offered  in  evidence,  and  read  as 
follows  :  — 

Montgomery,  "^'hite  Sulphur  Sprin'GS,  Va. 

To  Ms  Excellency  the  President  of  the  Confederate   States  of 
America  :  — 

Dear  Sir. — I  have  been  thinkino;  some  time  that  I  would  make 
this  communication  to  you,  but  have  been  deterred  from  doing  so  on 
account  of  ill  health.  I  now  offer  you  my  services ;  and,  if  you 
will  favor  me  in  my  designs,  I  will  proceed,  as  soon  as  my  health 
will  permit,  to  rid  my  country  of  some  of  her  deadliest  enemies,  by 
striking  at  the  very  hearts'  blood  of  those  who  seek  to  enchain  her 
in  slavery.  I  consider  nothing  dishonorable  having  such  a  tendency. 
All  I  ask  of  you  is  to  favor  me  by  granting  me  the  necessary  papers, 
&c.,  to  travel  on  while  within  the  joi-isdiction  of  the  Confederate 
Government.  I  am  perfectly  familiar  with  the  North,  and  feel  con- 
fident that  I  can  execute  any  thing  I  undertake.  I  am  just  returned 
now  from  within  their  lines.  I  am  a  lieutenant  in  General  Duke's 
command ;  and  I  was  on  the  raid  last  June  in  Kentucky,  under 
General  John  H.  Morgan.  I  and  all  of  my  command,  excepting 
about  three  or  four,  and  two  commissioned  officers,  were  taken  pris- 
oners ;  but,  finding  a  good  opportunity  while  being  taken  to  prison, 
I  made  my  escape  from  them.  Dressing  myself  in  the  garb  of  a 
citizen,  I  attempted  to  pass  out  through  the  mountain  ;  but  finding 
that  impossible,  narrowly  escaping  two  or  three  times  from  being  re- 
taken, I  shaped  my  course  north,  and  went  through  to  the  Canadas, 
from  whence,  by  the  assistance  of  Colonel  J.  P.  Holcombe,  I  suc- 
ceeded in  making  my  way  around  and  through  the  blockade  ;  but 
having  taken  the  yellow  fever,  &c.,  at  Bermuda,  I  have  been  ren- 
dered unfit  for  service  since  my  arrival. 

I  was  reared  up  in  the  State  of  Alabama,  and  educated  at  its 
nniversity.  Both  the  Secretary  of  War,  and  his  assistant.  Judge 
Campbell,  are  personally  acquainted  with  my  father,  William  J. 
Alston,  of  the  Fifth  Congressional  District  of  Alabama;  having 
served  in  the  time  of  the  old  Congi-ess,  in  the  years  1849—50-51. 

K  I  do  any  thing  for  you,  I  shall  expect  your  full  confidence  in 
return.     K  you  do  this,  I  can  render  you  and  my  country  very  im- 


THE     TRIAL.  115 

portant  service.  Let  me  bear  from  you  soon.  I  am  anxious  to  be 
doing  something ;  and  having  no  command  at  present,  all  or  nearly 
all  being  in  garrison,  I  desire  that  you  favor  me  in  this  a  short  time. 
I  would  like  to  have  a  personal  interview  with  you,  in  order  to  per- 
fect the  arrangements  before  starting. 

I  am,  very  respectfully, 

Your  obedient  servant, 

Lieutenant  W.  Alston. 

Indorsements. 

A.  1,390.  Lieutenant  W.  Alston,  Montgomery  Sulphur  Springs, 
Va.     No  date. 

Is  lieutenant  in  General  Duke's  command.  Accompanied  raid 
into  Kentucky,  and  was  captured,  but  escaped  into  Canada,  from 
whence  he  found  his  way  back.  Been  in  bad  health.  Now  offers 
his  services  to  rid  the  country  of  some  of  its  deadliest  enemies. 
Asks  for  papers  to  permit  him  to  travel  within  the  jurisdiction  of 
this  Government.     Would  like  to  have  an  interview,  and  explain. 

Eespectfully  referred,  by  direction  of  the  President,  to  the  Hon- 
orable Secretary  of  War. 

Burton  W.  Harrison,  Private  Secretary. 

Received  Nov.  28,  1864. 

Record  Book  A.  A.  G.  0.,  Dec.  15,  1864. 
A.  G.  for  attention. 

By  order,  J.  A.  Campbell,  A.  S.  W.] 

By  Mr.  Aiken  : 

Q.    Which  box  did  you  take  that  letter  from  ? 
A.   From  the  box  marked  "Adjutant  and  Inspector  General's 
Office,  —  letters  received  July  to  December,  1864." 
Q.    That  was  the  label  on  the  outside  of  the  box  ? 
A.   Yes,  sir;  painted,  stencil. 

The  Judge  Advocate.  If  the  Court  please,  there  are  a  few 
more  witnesses  to  be  examined  on  the  part  of  the  Government,  who 
are  not  here.  The  testimony  of  most  of  them  relate  to  the  general 
ground  taken,  that  the   assassination   resulted  from   the  Kebellion 


116  THE     TRIAL. 

itself:  very  little  of  it  concerns  specially  the  individual  prisoners 
here.  Under  all  the  circumstances,  I  hope  the  gentlemen  on  the 
other  side  will  be  willing  to  proceed  with  their  testimony,  leaving  to 
us  the  right,  if  these  witnesses  should  hereafter  come  in,  to  examine 
them. 

Mr.  Ewing  [after  consultation  with  the  other  counsel].  The 
counsel  for  the  accused  wish  me  to  say  to  the  Court  that  they  prefer 
that  the  testimony  for  the  prosecution  be  closed  before  the  testimony 
for  the  defence  begins. 

The  President.  Do  I  understand  General  Holt  to  say  that 
there  will  be  no  more  witnesses  in  attendance  this  evening  ? 

The  Judge  Advocate.     There  will  not  be. 

The  Commission  then  adjourned  until  to-morrow  morning  at  ten 
o'clock. 


Tuesday,  May  23, 1865. 

The  Military  Commission  met  at  the  usual  hour. 

Mr.  Aiken  stated  that  if  the  Government  found  it  inconvenient 
now  to  close  its  case,  and  the  residue  of  its  testimony  was  simply 
with  reference  to  the  establishment  of  the  fact  that  a  conspiracy  did 
exist,  and  did  not  affect  the  prisoners  arraigned  before  the  Court,  he 
was  willing  to  go  on  with  the  testimony  for  the  defence  to-morrow, 
if  the  Court  should  sit  then. 

Assistant  Judge  Advocate  Burnett.  I  will  state  that  some 
of  the  testimony  will  have  special  reference  to  some  of  the  accused  : 
very  little,  however.  There  are,  perhaps,  four  or  five  witnesses  yet 
as  to  special  matters. 

The  President.     Where  are  those  witnesses  ? 

Assistant  Judge  Advocate  Burnett.  Some  of  them  are  in 
Baltimore  ;  some  of  them  are  in  the  city,  unable  to  get  here  :  they 
cannot  get  across  the  military  lines  to-day. 

The  President.  I  understand  that  there  is  provision  at  Four 
and  a  Half  Street  for  everybody  that  has  business  at  the  Court. 

Assistant  Judge  Advocate  Burnett.  The  witnesses  did  not 
know  that ;  and  they  are  stopped  at  other  points. 

The  record  of  yesterday  was  then  read. 


THE     TRIAL.  117 

Mr.  Ewing.  I  beg  leave  to  call  the  attention  of  the  Court  to 
the  statement  I  made  yesterday  on  behalf  of  the  counsel  for  the 
accused.  I  stated,  "  The  counsel  for  the  accused  wish  me  to  say  to 
the  Court  that  they  prefer  that  the  testimony  for  the  prosecution  be 
closed  before  the  testimony  for  the  defence  begins."  I  ask  permis- 
sion of  the  Court  to  amend  that  statement  by  inserting  after  the 
word  "  prosecution  "  the  words,  "  except  that  relating  merely  to  the 
formation  and  general  plans  of  the  alleged  conspiracy."  In  other 
words,  the  counsel  for  the  accused  are  entirely  willing  that  any  testi- 
mony for  the  prosecution  relating  to  the  formation  and  general  plans 
of  the  alleged  conspiracy  may  be  introduced  by  the  Government  at 
any  time  during  the  progress  of  the  trial.  We  merely  wish  that  the 
testimony  relative  to  the  accused  on  trial  shall  all  be  introduced 
before  the  defence  is  commenced. 

Assistant  Judge  Advocate  Bingham.  As  far  as  we  can,  we 
intend  to  do  that. 

The  Judge  Advocate.  I  very  much  doubt  the  practicability  of 
securing  the  attendance  of  witnesses  during  to-day  and  to-morrow  : 
the  public  offices  are  closed,  and  locomotion  through  the  city  is 
almost  impossible.  The  public  attention  is  so  much  riveted  upon 
the  grand  review  that  is  in  progress,  that  I  much  question  whether 
any  thing  will  be  accomplished  here  by  attempting  to  continue  the 
sessions  of  the  Court  to-day  and  to-morrow.  The  intermediate  time 
may,  perhaps,  be  profitably  occupied  by  the  counsel  for  the  defence 
in  making  preparations,  so  as  to  be  in  better  condition  to  proceed 
with  the  case  when  we  meet  on  Thursday  than  they  are  now. 

This  suggestion  was  acquiesced  in  ;  and  the  Commission  adjourned 
until  Thursday  next  at  ten  o'clock,  a.m. 


Thursday,  May  25,  1S65. 

The  Court  met  at  the  usual  hour ;  and  the  record  of  Tuesday  last 
was  read  by  Mr.  D.  F.  Murphy,  one  of  the  official  reporters,  and 
approved. 

Mr.  Cox.  The  Court  will  remember,  that,  on  Tuesday  last, 
Marshal  McPhail  produced  a  printed  form  of  oath,  and  was  about  to 
testify,  and  did  testify,  that  he  judged  the  signature  to  that  oath  to 


118  THE     TRIAL. 

bo  in  the  handwriting  of  the  accused,  O'Laughlin.  The  printed 
report  of  Monday's  proceedings  represents  me  as  having  asked  hira 
to  read  that  oath ;  which  is  a  mistake.  Furthermore,  it  appeared  on 
cross-examination  that  the  witness  had  not  that  knowledge  of  the 
handwriting  of  the  accused  which  entitled  him  to  testify  as  to  it ; 
and,  on  that  objection  being  made,  the  Judge  Advocate  stated  that 
that  paper  was  not  offered  in  evidence.  Still,  it  was  read,  and  has 
gone  into  the  record ;  which,  therefore,  seems  to  be  erroneous  :  and 
I  do  not  know  of  any  other  method  of  correcting  the  error  than  by 
striking  out  all  that  part  of  the  testimony  which  relates  to  that 
paper ;  and  I  respectfully  move  the  Court  to  have  that  done. 

The  Judge  Advocate.  I  think  the  gentleman  is  right,  and  the 
correction  should  be  made. 

The  President.  Is  there  no  objection  to  the  proposed  correc- 
tion ? 

The  Judge  Advocate.  I  think  not.  The  statement  accords 
with  the  facts. 

The  President.  There  being  no  objection,  the  record  will  be 
amended  accordingly. 

Voltaire  Randall, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q.    Do  you  know  the  prisoner  Samuel  Arnold  ? 

A.   I  do. 

Q.  State  whether  or  not,  at  the  time  of  his  arrest,  you  examined 
his  carpet-sack. 

A.  I  did. 

Q.    What  did  you  find  in  it  ? 

A.  I  found  some  letters,  papers,  clothing,  and  a  revolver,  and 
some  cartridges. 

Q.  [Submitting  to  the  witness  a  revolving  pistol.]  Look  at  that 
revolver,  and  say  whether  or  not  it  is  the  same. 

A.  This  is  the  same  revolver.  I  made  a  minute  at  the  time, 
wtiich  I  have  on  a  memorandum,  in  regard  to  the  number ;  which  I 


THE     TRIAL.  119 

will  look  at  if  you  will  allow  me.  [After  consulting  his  memoran- 
dum.]    I  believe  this  to  be  the  same  pistol, 

Q.  Where  and  when  was  this  examination  of  the  carpet-sack 
made  ? 

A.  On  the  morning  of  the  17th  of  April  last,  at  Fortress  Mon- 
roe, at  the  storehouse  of  John  W.  Wharton. 

Q.    Was  the  pistol  loaded  ? 

A.   Yes,  sir. 

Q.    And  is  so  at  this  time  ? 

A.    Yes,  sir. 

[The  pistol  identified  by  the  witness  was  offered  in  evidence  with- 
out objection,  and  is  marked  Exhibit  No.  65.] 

Cross-examined  by  Mr.  Ewing  : 

Q.  Was  it  not  at  Old  Point  that  you  arrested  Arnold  ? 

A.  I  arrested  him  at  the  storehouse  of  John  W.  Wharton,  near 
Fortress  Monroe. 

Q.  At  Old  Point? 

A.  I  believe  that  is  the  name  of  the  place. 

Q.  It  was  not  in  the  fort  ? 

A.  No,  sir. 

By  the  Judge  Advocate  : 

Q.  You  said  that  you  have  a  memorandum  of  the  number  of  that 
pistol.     State  it. 

A.   The  number  is  164,557. 

Q.    Who  is  the  manufacturer  ? 

A.   I  did  not  take  the  manufacturer's  name. 

By  the  Court  : 

Q.    Is  it  a  Colt's  navy  pistol  ? 

A.   It  is ;  but  I  did  not  make  that  memorandum  at  the  time. 

Salome  Marsh, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 


120  THE     TRIAL. 

By  the  Judge  Advocate  : 

Q.  Will  you  state  whether  or  not  you  have  been  in  the  military 
service  of  the  United  States  ? 

A.   I  have. 

Q.  State  in  what  command,  and  for  what  time  you  were  in  the 
service. 

A.  I  entered  the  military  service  in  1861  as  a  lieutenant  in  the 
Fifth  Maryland  Volunteer  Infantry;  and  I  served  until  the  31st 
of  August,  1864. 

Q.    What  position  did  you  occupy  ? 

A.  At  the  time  I  quit  the  service,  I  held  the  position  of  lieu- 
tenant-colonel. 

Q.  You  had  previously  occupied  the  position  of  major,  had  you 
not? 

A.   I  had. 

Q.    During  that  time,  were  you  or  not  a  prisoner  of  war  ? 

A.   I  was. 

Q.    In  what  prison  or  prisons  were  you  confined? 

A.   I  was  confined  in  Libby  Prison,  Richmond. 

Q.    For  what  period  of  time  ? 

A.  I  was  confined  there  from  the  15th  of  June,  1863,  until  the 
21st  of  March,  1864. 

Q.  Will  you  state  where  you  were  captured,  under  what  circum- 
stances you  were  confined,  the  number  of  prisoners,  and  the  treat- 
ment which  they  received  from  the  hands  of  the  Rebel  Government  ? 

A.  I  was  captured  near  Winchester,  about  three  miles  and  a 
half  from  Winchester,  on  the  Martinsburg  Road,  on  the  15th  of 
June.  I  was  then  in  General  Milroy's  command;  and,  at  the 
time  of  my  capture,  I  was  in  command  of  my  regiment.  I  was 
captured  by  General  Ewell's  corps  of  the  rebel  army.  I  was 
taken  from  thence  to  Winchester ;  and,  on  account  of  ill  health,  I 
was  kept  there  two  weeks  in  hospital.  I  was  somewhat  sick  at  the 
time  of  my  capture,  from  excessive  duty,  exposure,  &c.  At  the 
expiration  of  two  weeks,  my  health  somewhat  improved.  I  was 
then  compelled  to  march  to  Staunton  in  a  feeble  condition  ;  but,  on 
the  road,  I  was  treated  very  kindly  by  the  officer  in  charge  of  the 
squad.     I   arrived  in  Libby  Prison,  and  was  incarcerated  there. 


THE     TRIAL.  121 

The  rations  we  received  there  when  I  first  arrived  were  small; 
but  such  as  they  gave  us  were  tolerably  fair  at  first.  There  was 
about  one  loaf  of  bread  allowed  to  two  men,  —  half  a  loaf  per  man ; 
and,  I  judge,  about  four  ounces  of  meat,  and  about  three  spoonfuls 
of  rice.  That  constituted  the  ration  that  we  received  at  first.  After 
I  had  been  there  about  four  months,  the  meat  was  stopped  from  us, 
and  we  then  only  received  it  occasionally.  Then  they  took  the 
bread  from  us,  and  gave  us  instead  what  they  called  corn-bread ; 
but  it  was  of  a  very  coarse  character.  I  have  known  the  officers 
there  to  be  without  meat  for  two  or  three  weeks  at  a  time,  and  re- 
ceive nothing  but  the  miserable  corn-bread  that  they  gave  us. 
Occasionally  they  would  distribute  some  few  potatoes,  but  of  the 
very  worst  character,  such  as  the  men  could  hardly  eat ;  they  being 
rotten,  &c.  This  continued  on  for  some  time.  The  officers  held  a 
meeting  there  in  regard  to  the  treatment  we  were  receiving ;  and  a 
letter  was  sent  to  General  Ould,  signed  by  Colonel  Streight,  I 
think,  who  was  chairman  of  the  meeting  at  the  time,  complaining 
of  our  treatment,  and  asking  that  we  should  receive  better  treat- 
ment. General  Ould  sent  a  written  reply,  stating  that  our  treat- 
ment was  good  enough ;  better  than  their  prisoners  were  receiving 
in  our  prisons  here,  —  Fort  Delaware,  and  other  places. 

Q.  Do  you  mean  Robert  Ould,  the  man  who  is  now  in  Libby 
Prison  himself? 

A.  Yes,  sir :  the  rebel  Commissioner  of  Exchange.  Shortly 
after,  —  I  suppose  I  had  been  there  some  five  months,  —  I  was 
taken  sick  with  the  dropsy,  for  the  want  of  proper  nourishment, 
proper  diet,  &c.,  and  was  quite  ill,  and  was  sent  to  the  hospital.  I 
remained  there  some  few  weeks.  During  my  stay  in  the  hospital, 
[  had  occasion  to  see  men  brought  in  from  Belle  Isle  to  the  hospital 
ivhere  I  was  stationed,  some  half  a  mile,  perhaps,  from  Libby  Prison 
proper;  and  the  condition  of  these  men  was  horrible  in  the  extreme. 
[  am  satisfied,  from  their  appearance,  that  they  were  in  a  starving 
3ondition.  Out  of  a  squad  of  forty,  for  instance,  that  were  brought 
in,  at  least  from  eight  to  twelve  died  the  first  night  they  were 
brouo;ht  there.  I  asked  the  assistant  suro;eon  in  charo-e  of  the  offi- 
3ers'  department  of  the  hospital,  —  I  forget  his  name  :  he  was  very 
kind  to  us,  though,  and  very  much  of  a  gentleman,  —  I  asked  him 

VOL.   II.  11 


122  THE     TRIAL. 

on  one  occasion  what  was  tlie  matter  with  tbese  men.  He  stated 
that  it  was  for  the  want  of  proper  treatment ;  that  they  did  not  re- 
ceive the  proper  treatment  and  noinishment  that  they  ought  to  have 
for  such  men ;  neglect,  &c.  That  was  about  all  he  could  state,  I 
suppose,  holding  the  position  he  held.  I  suppose  I  had  been  in 
that  hosj)ital  about  two  weeks  when  two  of  the  ojBScers  made  their 
escape.  Major  Turner  —  who  was  a  very  passionate  man,  very  in- 
sulting to  the  officers,  always  insulting  in  his  remarks  whenever  he 
had  occasion  to  speak  to  any  of  them,  and  very  ungentlemanly  — 
took  it  into  his  head  to  remove  us  from  tbat  place,  and  take  us 
back  to  Libby  Prison.  He  had  a  room  washed  out  for  us  in  Libby, 
and  removed  us  to  that  room  while  in  a  wet  condition,  although 
some  of  the  officers  who  were  in  the  hospital  were  in  a  dying  con- 
dition. We  were  placed  in  that  wet  room,  and  compelled  to  re- 
main there  twenty-four  hours,  without  cot,  bed,  or  any  thing  else 
to  lie  upon,  and  without  a  morsel  to  eat,  as  a  punishment  because 
those  two  men  had  escaped.  The  treatment  generally  to  prisoners 
was  of  a  very  harsh  character. 

Q.  Was  this  31ajor  Tui-ner  of  whom  you  speak  the  keeper  of 
Libby  Prison  ? 

A.   He  was  the  commandant  of  Libby  Prison. 

Q.  Was  any  formal  application  made  to  him  for  an  amelioration 
of  the  condition  of  the  prisoners  ? 

A.  Colonel  Powell  spoke  to  him  in  regard  to  the  treatment  he 
had  inflicted  upon  those  men.  Colonel  Powell  said  he  thought  it 
was  wrong  to  punish  a  parcel  of  sick  and  dying  men  fo.r  the  sake  of 
two  who  had  attempted  to  escape.  His  reply  was,  as  near  as  I 
can  recollect,  "  It  is  too  damned  good  for  you  now." 

Q.  Was  the  treatment  of  the  men  —  did  you  notice  that?  —  of 
the  same  character  with  that  which  the  officers  received  ? 

A.  The  only  opportunity  I  had  of  seeing  the  treatment  of  the 
men  was  the  occasion  I  have  spoken  of,  when  they  were  brought  to 
the  hospital  while  I  was  there. 

Q.  Was  their  condition  that  of  emaciation,  suffering  for  want 
of  food  ? 

A.  It  was,  to  the  best  of  my  opinion.  Their  appearance 
indicated  it. 


THE     TRIAL.  123 

Q.  You  could  very  well  judge,  I  suppose,  from  their  conduct,  if 
food  at  all  came  within  their  reach  :  what  was  their  conduct  then  ? 

A.  They  appeared  to  be  very  eager  to  obtain  something  to  eat ; 
and,  although  tottering  and  in  a  feeble  condition,  they  would  grasp 
at  any  thing  that  was  oiFered  to  them  in  the  shape  of  victuals.  Their 
whole  appearance  throughout  indicated  that  they  were  in  a  state  of 
starvation. 

Q.  This  Belle  Isle  of  which  you  speak  was  a  place  where 
Federal  prisoners  of  war  were  confined  ? 

A.    Yes,  sir  :  the  enlisted  men  were  confined  there. 

Q.  You  are  satisfied  that  the  prisoners  of  whom  you  speak, 
brought  from  there,  died  simply  of  starvation  ? 

A.    Yes,  sir ;  and  neglect,  the  want  of  proper  food,  &c. 

Q.  Was  there  any  pretence  at  all  on  the  part  of  the  rebel  author- 
ities, in  your  conversation  with  them,  that  this  treatment  was  the 
result  of  necessity,  the  want  of  provisions,  or  simply  because  they 
thought  it  was  good  enough  for  the  prisoners  ? 

A.  It  appeared  to  me,  from  all  the  information  I  could  get  from 
them,  it  was  a  matter  of  retaliation  with  them. 

Q.    For  what  ? 

A.  They  said  that  their  prisoners  were  treated  in  a  worse 
manner  than  we  were. 

Q.  What  proportion  did  the  food  actually  received  during  this 
time  bear  to  a  ration,  or  what  is  necessary  for  the  comfortable  sup- 
port of  life  ?     Was  it  one-half,  one-third,  or  one-fourth  ? 

A.  A  man  could  possibly  live  on  what  they  gave  us  at  first, 
although  it  was  not  near  what  we  would  call  a  full  ration. 

Q.  I  speak  of  the  subsequent  months,  when  you  say  the  meat 
was  taken  away,  and  nothing  but  this  corn-bread  allowed. 

A.  No,  sir :  a  man  could  not  possibly  live  on  it  any  length  of 
time. 

Q.  Will  you  describe  that  preparation  which  you  called  corn- 
bread  ?     What  was  it  really  ? 

A.  It  was  corn  meal  and  bran,  I  should  think,  mixed  together, 
—  very  coarse. 

Q.    How  was  it  cooked  ? 

A.    It  was  baked  in  a  rough  condition.     Very  often  we  just  had 


124  THE     TRTAL. 

to  live  on  that  anrl  water  alone  for  clays  at  a  time.  Sometiraes,  as 
I  said,  they  would  furnish  potatoes,  or  something  like  that;  and 
occasionally  they  would  be  good  ;  but  more  frequently  they  would 
be  in  such  a  condition  that  we  could  not  eat  them. 

By  the  Court  : 

Q.  State  if  Major  Turner,  when  you  applied  for  proper  rations, 
and  more  of  them,  answered  to  you  that  they  were  as  good  as  you 
deserved. 

A.  The  communication  was  directed  to  General  Ould,  afterwards 
Commissioner  of  Exchange. 

Q.    But  aftei-wards,  you  said,  you  applied  to  Major  Turner? 

A.  Colonel  Powell  applied  to  him  in  regard  to  placing  ns  in  this 
wet  room,  and  keeping  us  there  twenty-four  hours,  placing  prisoners 
in  a  dying  condition  in  a  room  of  that  kind ;  and  his  reply,  as  near 
as  I  can  recollect,  was,  that  it  was  too  damned  good  for  us. 

Q.    That  was  not  inflicted  upon  you  in  the  way  of  retaliation  ? 

A.    No,  sir;  punishment. 

Frederick  Memmert, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q.  Will  you  state  to  the  Court  whether  you  have  been  in  the 
military  service  of  the  United  States,  and,  if  so,  what  position  you 
held  ? 

A.  Yes,  sir :  I  held  the  position  of  captain  for  two  years  and 
ten  months. 

Q.  Will  you  state  to  the  Court  whether  or  not,  during  that 
time,  you  were  a  prisoner  of  war,  and,  if  so,  where,  and  how 
long  ? 

A.  I  was.  I  was  taken  at  Winchester,  Va.,  on  the  15th  of 
June,  1863  ;  and  exchanged  on  the  1st  of  May,  1864. 

Q.  Will  you  state  the  treatment  which  the  Federal  prisoners 
received  in  Libby  Prison  while  confined  there,  so  far  as  it  came 
under  your  observation  ? 


THE     TRIAL.  125 

A.    It  was  awful  treatment. 

Q.  Cannot  you  state  the  amount  and  character  of  the  food,  and 
the  treatment  generally  ? 

A.  When  we  came  there  first,  we  had  half  a  loaf  of  wheat-bread, 
and  between  three  and  four  ounces  of  meat  and  two  tablespoonfuLs 
of  rice.  That  was  continued  for  about  four  months ;  but,  after  that, 
the  treatment  was  so  bad,  that  we  had  a  meeting,  and  sent  a  com- 
munication to  Judge  Quid  on  the  subject.  Colonel  Streight  was 
president  of  that  meeting ;  and  Colonel  Irvine,  who  was  afterwards 
our  Assistant  Exchange  Commissioner,  was  secretary.  We  sent  a 
communication  to  Judge  Ould  about  it,  which  he  sent  to  Secretary 
Seddon.  We  received  an  answer  back  that  they  could  do  nothing 
for  us  ;  that  it  was  good  enough  for  Yankees ;  that  their  prisoners 
stated  that  they  were  treated  just  as  bad  as  we  were  ;  and  that  they 
could  not  help  us  in  any  way.  Then  we  sent  another  communica- 
tion, asking  them  to  give  us  our  money.  They  had  taken  our 
money  away  from  us  when  we  came  to  Libby.  I  had  mine 
hid  under  my  shoulder-straps,  and  kept  it ;  but  the  others  had 
to  give  theirs  up.  We  sent  another  communication,  asking  them  to 
give  us  our  money,  so  that  we  could  get  something  to  buy  our  food 
with  ;  but  they  would  not  do  that. 

Q.    They  kept  the  money,  did  they  ? 

A.    Yes,  sir. 

Q.  After  that,  was  the  small  meat  ration  continued  or  discon- 
tinued ? 

A.  We  often  had  no  meat  for  twenty  days.  They  gave  us  four 
ounces  of  fresh  meat  and  half  a  loaf  of  bread  for  about  four 
months ;  but  afterwards  they  stopped  the  meat  for  about  five  or  six 
days,  and  gave  us  bread  and  water,  a  little  beans,  and  rice. 

Q.    What  kind  of  bread  was  it  ? 

A.  It  was  wheat-bread  at  first,  and  then  we  got  corn-bread,  — 
half  a  loaf  of  corn-bread,  —  about  ten  ounces,  I  guess,  after  that. 
When  I  left  the  Libby,  we  had  had  nothing  but  corn-bread  and 
water  for  twenty  days. 

Q.  What  was  the  condition  of  the  prisoners?  Were  they 
greatly  reduced,  emaciated,  by  this  treatment  ? 

A.    Yes,  sir ;  very.     A  great  many  of  them  had  the  scurvy. 
11* 


126  THE     TRIAL. 

Q.  What  was  the  bearing  of  the  keepers  of  the  prison  towards 
you  ?     Was  it  kind,  or  rude  and  insulting? 

A.  It  was  very  rough.  They  abused  us  in  every  way  they 
could. 

Q.    Were  you  at  any  time  in  the  hospitals? 

A.  Yes,  sir  :  I  went  in  there  two  or  three  times  when  our  lieu- 
tenant-colonel died.     I  went  in  there  to  see  him. 

Q.  Did  you  see  the  condition  of  the  prisoners  brought  to  the 
hospital  ? 

A.    Yes,  sir. 

Q.    What  was  it? 

A.  They  looked  awfal.  I  cannot  find  any  word  to  describe  how 
they  looked. 

Q.  Was  it  understood  that  their  condition  was  the  result  of 
starvation,  or  what  ? 

A.  Yes,  sir ;  starvation.  After  the  battle  of  Chickamauga,  they 
brought  the  wounded  in  from  the  West ;  and  I  saw  some  fifteen  or 
sixteen  amputated  cases  placed  on  a  cart,  and  a  rope  tied  around 
them,  so  that  they  could  not  fall  off;  and  they  were  carried  in 
that  way  from  the  depot  to  the  hospital,  and  right  opposite  Libby, 
not  more  than  about  a  thousand  yards,  I  guess.  They  had  twenty 
or  twenty-five  ambulances  there,  and  did  not  use  them. 

Q.    You  say  they  had  a  great  many  ambulances  not  in  use  ? 

A.   Yes,  sir. 

Q.  But  they  put  these  prisoners,  fifteen  or  sixteen  of  them,  in  a 
cart,  and  tied  them  with  a  rope,  as  they  would  sacks  of- grain? 

A.    Yes,  sir. 

Q.    What  was  your  condition  when  you  left  there  ? 

A.  I  had  the  scurvy  so  bad,  that  I  could  hardly  walk ;  and  I 
have  been  sick  ever  since  I  left  Libby,  pretty  much.  I  had  to  lie 
on  the  floor  a  long  while,  and  could  not  get  up. 

Q.    Have  you  ever  entirely  recovered  ? 

A.  Yes,  sir ;  I  am  recovered :  but  I  still  feel  it.  I  have  not 
the  strength  any  more  that  I  used  to  have. 

Q.  Do  you  know  of  any  application  having  been  made,  by  your- 
self or  others,  to  Turner,  the  keeper  of  the  prison,  for  an  ameliora- 
tion of  the  condition  of  the  prisoners  ? 


THE     TRIAL.  127 

A.  Yes,  sir :  we  spoke  to  him  several  times  when  he  came  up  to 
the  piison.  He  very  seldom  came  up.  We  spoke  to  him,  and  also 
spoke  to  a  committee  from  their  Senate.  Tliey  were  appointed  to 
go  into  Libby,  and  examine  our  condition.  They  reported  back 
favorably,  although  we  showed  them  the  bread  we  got,  and  told 
tijem  we  received  no  meat  or  any  thing  else. 

Q.  You  say  you  showed  your  food  to  that  committee  from  the 
rebel  Senate  ? 

A.    Yes,  sir. 

Q.    What  reply  did  you  receive  ? 

A.  They  did  not  say  any  thing,  —  only  walked  through,  and  did 
not  notice  us  at  all. 

Q.  What  did  Turner  say  in  the  conversations  in  reply  to  these 
complaints  that  you  were  all  dying  for  want  of  food  ? 

A.  I  went  to  Turner  once,  and  told  hun  I  wanted  to  get  some 
medicine ;  that  the  doctor  would  not  give  me  any,  and  said  he  had 
not  any ;  that  I  was  getting  worse,  and  could  hardly  walk.  He 
said,  "You  cannot  have  any:  it  don't  make  any  difference  to 
me.  Wliat  the  hell  have  I  got  to  do  with  it?  "  I  told  him  that  I 
must  have  some  medicine  ;  that  I  had  nothing  to  eat,  and  no  money 
any  more  to  buy  any  thing ;  and  he  said,  ' '  That  is  ^ood  enough 
for  Yankees." 

Q.  Did  he,  or  any  of  those  men  in  authority,  ever  say  to  you  iu 
effect  that  the  object  of  this  treatment  was  to  kill  the  prisoners  ? 

A.    Yes,  sir. 

Q.    Which  one  of  them  said  that  to  you? 

A.    Dick  Turner  told  us. 

Q.    Was  he  a  brother  of  the  keeper  of  the  prison  ? 

A.    No,  sir  :  he  is  no  brother. 

Q,    Was  he  in  authority  there  ? 

A.    Yes,  sir  :  he  was  an  inspector. 

Q.    Was  this  said  in  reply  to  your  remonstrance? 

A.    Yes,  sir. 

Q.    State  his  language,  if  you  can. 

A.  We  told  him  how  the  thing  was,  —  that  we  did  not  get  any 
thing  to  eat;  and  he  said,  "That  is  good  enough  for  you:  our 
prisoners  are  just  as  badly  treated  by  your  fellows  as  you  are 


128  THE     TRIAL. 

treated  here ;  and  you  had  no  business  to  come  down  here.  I  wish 
to  kill  you  off.  If  I  had  the  command,  I  would  hang  eyery  God 
damned  one  of  you." 

Q.    He  was  the  inspector  of  the  prison,  you  say? 

A.   Yes,  sir. 

Benjamin  Sweeeer, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

By  the  Judge  Advocate  : 

Q.  State  what  position  you  occupy  in  the  military  service  of  the 
country. 

A.    Color-sergeant,  9th  Maryland  Regiment. 

Q,    How  long  have  you  been  in  the  service  ? 

A.  About  five  months  and  six  or  seven  days  when  I  was  cap- 
tured. 

Q.    When  was  that  ? 

A.    On  the  eighteenth  day  of  October,  1863. 

Q.  Will  you  state  how  long  after  your  capture  you  continued  a 
prisoner  of  war,  and  at  what  point  or  points  you  were  confined  ? 

A.  Five  months  and  seven  or  eight  days,  I  think,  at  Belle  Isle, 
and  seven  days  at  Scott's  building. 

Q.  What  number  of  prisoners  were  confined  there  with  you  ^at 
the  time  ? 

A.    When  I  left  there,  about  thirteen  thousand. 

Q.  Were  they  in  buildings,  or  simply  upon  the  naked  sands  of 
the  island  ? 

A.    On  the  naked  sands  of  the  island. 

Q.    What  season  of  the  year  was  it  ? 

A.    In  the  winter-time. 

Q.    Were  they  provided  with  any  shelter  ? 

A.    Some  few  were. 

Q.    What  proportion  of  them? 

A.    I  should  judge  about  one-half  or  a  little  over. 

Q.    What  was  the  treatment  you  received? 

A.    It  was  brutal. 

Q.    Describe  it,  so  far  as  the  provisions  were  concerned. 


THE     TRIAL.  129 

A.    We  had  about  half  enough  to  live  on. 

Q.    What  did  the  ration  consist  of? 

A.  There  were  twenty-five  pounds  of  meat  served  out  for  one 
bundred  men,  and  the  biggest  share  of  that  was  bone. 

Q.    And  what  quantity  of  bread? 

A.    Corn-bread,  husks  ground  up  with  it. 

Q.  What  opportunities  had  you  for  cooking?  Was  fuel  fur- 
ciished  to  you  ? 

A.    It  was  cooked  for  us. 

Q.  What  was  the  effect  of  this  system  of  starvation  on  the 
health  of  the  men  ? 

A.  Not  having  fuel  enough  to  warm  us,  and  not  enough  pro- 
dsions  to  live  on,  I  saw  the  men  freeze  to  death  on  the  island  during 
the  time  I  was  there.  I  saw  them  starve  to  death  ;  and,  more  than 
bhat,  I  saw  them  afterwards  lie  for  eight  or  nine  days  outside  of  the 
Intrenchments  where  we  were  kept  in,  and  the  hogs  ate  them. 

Q.    Not  even  burying  them  ? 

A.  No,  sir  :  they  would  not  allow  us  to  bury  them.  I  have  seen 
their  bodies  lie  there  from  seven  to  nine  days,  to  the  best  of  my 
knowledge. 

Q.  Was  that  treatment  the  subject  of  remonstrance  on  your 
part  ? 

A.  It  was.  I  spoke  to  Lieutenant  Bossieux,  who  had  charge  of 
the  island,  about  the  treatment,  and  he  told  me  he  had  nothing  to 
do  with  it ;  that  he  had  his  orders  from  Major  Turner. 

Q.    Was  Major  Turner  the  keeper  of  the  Libby  Prison? 

A.    Yes,  sir. 

Q.  Did  he  say  this  treatment  was  in  accordance  with  these 
orders  ? 

A.    Yes,  sir. 

Q.  Do  you  say  they  positively  refused  permission  to  bury  the 
dead? 

A.    Yes,  sir ;  for  I  asked  myself  as  a  favor  to  bury  our  prisoners. 

Q.    Did  they  die  in  large  numbers? 

A.  I  helped  to  carry  out  there  from  ten  to  fifteen  and  twenty  a 
day.  More  than  that,  I  saw  them  shot  down  there  without  cause 
or  provocation. 


130  THE     TRIAL. 

Q.  State  whether  or  not  their  deaths,  in  your  opinion,  were 
caused  mainly  by  starvation. 

A.    Yes,  sir :  to  the  best  of  my  knowledge,  I  should  judge  so. 

Q.  Was  any  proposition  made  by  the  prisoners  to  the  rebel 
authorities  to  support  themselves,  if  they  would  allow  them  to  pro- 
cure provisions  ? 

A.  I  think  there  was :  I  will  not  say  that  certainly ;  but  there 
were  a  great  many  men  who  volunteered  their  services  to  work  to  get 
something  to  eat, — numbers  of  them.  They  offered  to  work  at 
shoemaking,  and  building  a  furnace  there  on  the  island. 

Q.  You  say  one-half  of  those  prisoners  in  the  depth  of  winter 
slept  out  on  the  open  sand,  without  any  shelter  whatever,  and  with- 
out any  fuel  to  warm  them  ? 

A.  Yes,  sir :  I  lay  there  two  months  without  ever  putting  my 
head  under  shelter.  When  I  caine  home,  I  weighed  one  hundred 
and  twenty-three  pounds. 

Q.    What  is  your  ordinary  weight  in  health  ? 

A.  About  one  hundred  and  seventy  or  one  hundred  and  eighty 
pounds.  I  do  not  know  that  I  could  have  lasted  a  month  longer 
there.     I  was  pretty  near  gone  when  I  came  home. 

No  cross-examination. 

William  Ball, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q.  How  long  have  you  been  in  the  mihtary  service  of  the  United 
States  ? 

A.    I  enlisted  in  April,  1862. 

Q.    When  were  you  captured  by  the  enemy  ? 

A.    On  the  seventeenth  day  of  May,  1864. 

Q.    How  long  were  you  a  prisoner  of  war  ? 

A.    About  eleven  months  and  twenty-three  days. 

Q.    State  where  you  were  confined  during  that  time. 

A.    At  Anderson ville,  Ga. 

Q.  How  many  prisoners  of  wai*  were  there  at  the  time  you  were 
at  Audersonville  ? 


THE     TRIAL.  131 

A.  I  think  altogether  there  was  in  the  neighborhood  of  thirty-two 
housand.  There  might  have  been  a  few  over  that ;  but  I  am  not 
certain. 

Q.  Will  you  state  what  treatment  they  received  from  the  rebel 
luthorities  while  there  ? 

A.  It  was  very  poor  indeed ;  no  shelter  whatever.  They  were 
turned  into  a  swamp,  with  no  shelter.  They  were  stripped  of  all 
;heir  clothing,  blankets,  and  such  stuff,  money,  hats,  caps,  shoes, 
ind  whatever  they  had. 

Q.  You  say  their  clothing,  their  blankets,  and  their  money,  were 
;aken  from  them  ? 

A.    Yes,  sir. 

Q.    You  say  the  encampment  where  they  were  was  a  swamp  ? 

A.  Yes,  sir,  —  a  side-hill  on  each  side,  and  a  swamp  in  the 
centre. 

Q.    Was  it  without  shelter  or  trees  ? 

A.    No  shelter ;  no  trees  :  it  was  in  the  open  sand. 

Q.    State  whether  or  not  there  was  woodland  in  that  vicinity. 

A.  There  was  plenty  of  pine-wood  about  there,  — any  quantity 
3f  it. 

Q.    Will  you  state  the  character  of  the  provisions  that  were  served 

[)Ut? 

A.  Every  morning,  between  nine  and  ten,  they  would  bring  a 
wagon  with  corn-meal  grourtd  up,  cobs  and  all,  full  of  stones  and 
Dne  thing  and  another,  and  give  each  man  half  a  pint,  and  two 
ounces  of  bacon,  and  half  a  spoonful  of  salt,  which  was  to  last  for 
twenty-four  hours. 

Q.    What  was  the  character  of  the  bacon? 

A.    It  was  alive. 

Q.    It  was  rancid,  rotten  ? 

A.  Yes,  sir.  Once  in  a  while  we  would  get  hold  of  a  good 
piece  ;  but  not  very  often,  though. 

Q.  What  was  the  effect  of  this  treatment  upon  the  health  of  the 
prisoners  ? 

A.  It  was  very  bad.  It  killed  them  off  pretty  rapidly.  The 
most  that  died  in  one  day  was  a  hundred  and  thirty-three.  They 
averaged  from  sixty  to  a  hundred  deaths  every  day. 


132  THE     TRIAL. 

Q.    Was  it  not  perfectly  understood  that  these  deaths  were  ocear 
sioned  by  starvation  ? 
A.    It  was. 

Q.    Was  there  any  remonstrance  addressed  to  the  rebel  authorities 
by  the  prisoners  in  regard  to  this  condition  of  things  ? 
A.    I  do  not  think  there  was. 

Q.    Did  you  hear  any  statement  which  they  made  on  that  sub- 
ject ? 
A.    Oh,  yes ! 
Q.    What  did  they  say? 

A.  They  said  they  did  not  care  a  damn  whether  the  Yankees 
died  or  not :  they  did  the  best  they  could  for  them.  That  is  all  I 
ever  heard  said. 

Q.  Do  you  remember  whether  a  man  by  the  name  of  Howell 
Cobb  once  visited  Andersonville  ? 

A.  I  do.  He  made  a  speech  there.  It  was  some  time  in  Feb- 
ruary, I  think. 

Q.  Is  he  the  man  who  was  formerly  Secretary  of  the  Treasury 
here  ? 

A.    Yes,  sir. 

Q.  Do  you  remember  the  tone  of  that  speech,  or  what  he  said  in 
reference  to  our  prisoners  ? 

A.  He  made  some  very  bitter  remarks.  I  do  not  know  that  I 
recollect  exactly  now  the  statements  he  made. 

Q.  Were  they  or  not  in  support  of  the  policy  and  treatment 
pursued  towards  our  prisoners  ? 

A.  He  said  that  was  the  best  they  could  do  for  them ;  and  if  the 
authorities  liked  to  do  more,  they  probably  could  do  better ;  but  they 
did  not  seem  to  care  much  about  it.  He  did  not  say  more  than  a 
few  words.  That  was  all  he  brought  in  about  the  prisoners  there. 
He  did  not  seem  to  care  much  about  it. 

Q.    You  say  they  died  at  the  rate  of  nearly  a  hundred  a  day  ? 
A.    I  think  the  most  that  died  in  one  day  was  on  the  9th  of 
September,  —  a  hundred  and  thirty-three. 

Q.    They  were  in  the  open  sun  :  was  the  heat  very  strong  ? 
A.   Very  intense  indeed. 
Q.    How  was  the  water  ? 


THE     TRIAL.  133 

A.  Very  poor.  You  could  get  water  by  digging  down  half  a 
foot :  but  there  was  a  place  a  little  way  above,  into  which  they  threw 
all  the  dirt  and  slops  that  came  from  Andersonville ;  and  we  were 
oblio-ed  to  drink  that. 

Q.  You  were  obliged  to  drink  the  water  that  was  filtered  through 
all  this  garbage  ? 

A.    Yes,  sir. 

Q.  Did  you  regard  that  as  a  necessary  arrangement  on  their 
part,  or  as  specially  designed  ? 

A.  I  do  not  know.  They  did  not  seem  to  care.  They  always 
threw  every  thing  into  the  creek  above.  The  men  inside  got  up  a 
committee,  and  sent  it  out  to  Wurtz ;  and  he  said  he  did  not  care  a 
damn  whether  the  water  got  through  or  not,  or  whether  we  got  any 
or  not.     He  was  in  command  of  the  interior  of  the  prison. 

Q.  How  was  the  treatment  in  other  respects,  so  far  as  the  bear- 
ing of  the  sentinels  was  concerned  ?  Were  any  prisoners  shot  by 
them  ? 

A.  Yes,  sir :  they  would  average,  when  I  first  went  there,  in 
June,  as  high  as  six  or  eight  a  day. 

Q.  Did  they  seem  to  be  shot  from  wantonness  or  any  neces- 
sity V 

A.  If  a  man  would  stick  his  nose  over  the  dead  line,  or  half  a 
foot  of  it,  he  would  be  shot.  It  was  said  they  got  thirty  days' 
furlouo;h  for  shootino;  a  Yankee. 

Q.  Did  you  ever  hear  the  shooting  of  any  of  them  rebuked  by 
the  rebel  authorities  ? 

A.    I  did  not. 

Q.  Was  it  or  not  understood  that  the  sentinels  were  rewarded 
for  shooting  the  prisoners  ? 

A.    As  far  as  I  understood,  it  was  so. 

Q.  Do  you  remember  whether  Howell  Cobb,  in  his  speech, 
referred  to  the  emissaries  of  the  rebels  that  were  in  the  North 
enp-ao-ed  in  makinoj  raids  or  firinjj;  our  cities  ? 

A.  He  made  some  remark  about  there  being  a  plan  on  hand  to 
burn  and  plunder  the  Northern  cities.  I  cannot  bring  in  the  exact 
words  he  said. 

VOL.  n.  12 


134  THE     TRIAL. 

Q.  What  was  the  treament  of  our  prisoners  when  they  were  sick 
in  hospital  'i 

A.  Very  poor  indeed.  All  they  would  give  them  there  was 
pitch-pine  pills  for  the  diarrhoea,  and  pitch-pine  pills  for  the  scurvy 
or  headache  and  every  thing  else.  They  would  get  no  medicine  at 
all.  Medicine  was  sent  there  by  the  Confederate  Government,  and 
it  was  sold  by  the  doctor  in  charge  for  greenbacks. 

Q.  Do  you  know  whether  the  money  of  the  prisoners,  or  any 
part  of  it,  was  ever  returned  to  them? 

A.    Not  a  cent. 

Q.  What  was  your  own  experience  in  regard  to  taking  your 
clothes  and  money? 

A.  When  I  was  first  captured,  they  took  my  shoes  off,  and  I 
walked  on  the  pike  from  near  Waterford  to  Gordonsville  ;  and  they 
took  my  money  and  clothes.  I  had  nothing  but  a  pair  of  drawers 
and  a  shu't  for  nine  months  in  Andersonville. 

Q.    They  never  returned  you  any  thing  ? 

A.  No,  sir  :  not  a  thing.  I  lay  there  in  the  open  field  for  nine 
months  without  a  bit  of  shelter. 

Q.    Was  that  a  common  experience  ? 

A.  Yes,  sir.  There  were  thousands  there  in  the  same  fix.  A 
man  would  die  there  in  the  morning,  and  by  night  nobody  could  go 
within  fifty  feet  of  him.  They  had  to  take  long  wooden  pitch- 
forks, and  put  them  into  the  wagons  in  that  way,  and  caiTy  them 
ofi"  and  put  them  in  the  trenches. 

* 

By  the  Court  : 

Q.  Did  you  hear  any  reason  why  the  clothing  of  the  prisoners 
was  taken  away  ? 

A.  Because  they  wanted  it  for  their  own  use.  I  would  like 
also  to  state  that  there  was  clothing  sent  there  by  our  Government ; 
and  Captain  Wurtz  took  it  himself,  and  put  it  into  his  own  house, 
and  sold  it,  —  blankets,  pants,  socks,  and  other  things. 

By  the  Judge  x\dvocate  : 
Q.    Was  Captain  Wurtz  a  rebel  captain  ? 

A.  Yes,  sir.  He  was  in  command  of  the  interior  of  the  prison. 
Colonel  Gibbs  was  in  command  of  the  post. 


THE     TRIAL.  135 

By  the  Court  : 

Q.  Was  the  character  of  the  provisions  served  out  to  you  such 
that  a  man  would  not  eat  them  unless  he  was  in  a  starving  con- 
dition ? 

A.  I  would  not  think  of  such  a  thing  as  eating  what  was  given 
to  me  ;  but  a  man  in  a  state  of  starvation  would  have  to  eat  it. 

Q.  That  was  the  only  thing  that  led  them  to  eat  what  they  got, 
because  they  were  starving  ? 

A.    Yes. 

By  the  Judge  Advocate  : 

Q.  Do  you  think  it  would  be  possible  long  to  sustain  human 
life  on  that  amount  and  character  of  food  ? 

A,  I  do  not  think  a  man  could  live  a  good  while  on  it.  A 
number  died  there.  Up  to  the  date  that  I  left,  which  was  on  the 
24th  of  March,  sixteen  thousand  seven  hundred  and  twenty-five 
had  died.  That  was  the  number  that  I  took  from  the  books  myself. 
When  I  left  there,  about  fifteen  hundred  were  not  able  to  be 
moved. 

Q.  What  proportion  of  them,  in  your  judgment  and  the  judg- 
ment of  other  prisoners,  died  from  starvation  and  this  treatment  ? 

A.  I  have  no  doubt  that  over  half  of  them  did.  It  was  the 
rations  they  got  that  brought  them  to  their  sickness  ;  and,  after 
they  wdre  sick,  they  could  not  eat  this  stuff',  and,  of  course,  they 
starved.     It  was  pretty  hard  for  a  man  to  eat  it  anyhow. 

By  the  Court  : 

Q.  Was  there  any  medical  treatment  given  to  prisoners  who 
were  sick  there  ? 

A.   A^ery  little  indeed. 

Q,    Nothing  of  any  benefit? 

A.   Not  any  benefit  at  all. 

By  the  Judge  Advocate  : 

Q.    What  were  the  pills  of  which  you  spoke  ? 
A.   Pitch-pine  —  a  stuff"  that  runs  out  of  the  trees  there  —  and  a 
little  vinegar. 

Q.    Was  that  all  they  had  ? 


136  THE     TRIAL. 

A.   Once  in  a  while  they  would  get  a  little  medicine,  and  some 
would  get  it. 

Erastus  W.  Koss, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

Bv  the  Judge  Advocate  : 

Q.  Will  you  state  whether  or  not  you  have  been  in  the  service 
of  the  Rebel  Government  ? 

A.  I  never  was  in  the  army.  I  was  clerk  at  the  Libby  Piison. 
I  was  detailed  by  the  Conscript  Board. 

Q.  Were  you  or  not  a  clerk  there  in  the  month  of  March, 
1864? 

A.   I  was, 

Q.  Do  you  remember  that  about  that  time  General  Kilpatrick 
was  makino;  a  raid  in  the  direction  of  Richmond  ? 

A.   Yes,  sir. 

Q.  State  what  knowledge,  if  any,  you  have  of  Libby  Prison 
having  at  that  time  been  mined  by  the  Confederate  authorities. 
State  all  the  cux-umstances  known  to  you. 

A.  I  never  saw  the  powder  myself.  I  saw  the  place  where  they 
said  the  powder  was  buried.  They  put  it  there  in  the  night.  They 
did  it  secretly.  I  never  saw  the  powder  at  all ;  but  I  saw  the  fuze. 
They  kept  the  fuze  in  the  office  in  the  safe.  I  was  not  aware  of  it 
until  the  next  morning.  I  was  away  that  night  at  my  uncle's.  I 
came  back  next  morning,  and  one  of  the  colored  men  at  the  prison 
told  me  that  some  powder  had  been  put  in  the  middle  building.  I 
went  up  to  roll-call  in  the  morning ;  and,  when  I  went  up  in  the 
buildinor,  the  officers  asked  me  if  the  powder  was  there.  I  told 
them  I  was  not  certain  it  was  there  or  not :  all  I  knew  about  it  was 
what  the  colored  man  told  me. 

Q.    Did  you  see  the  place  ? 

A.  I  saw  the  place  frequently.  There  were  two  sentinels  over 
it  to  prevent  any  person  approaching  it. 

Q.    What  was  the  size  of  the  excavation  made  ? 

A.  About  the  size  of  a  barrel-head.  It  was  covered  up,  and 
the  earth  thrown  up  loosely  on  it. 


THE     TRIAL.  137 

Q.  You  say  the  fuze  by  wticli  this  was  to  he  set  off  was  kept  in 
the  office  ? 

A.   Yes,  sir :  in  the  office. 

Q.    In  whose  charge  ? 

A.  Major  Turner,  the  commandant  of  the  prison,  had  charge  of 
it.     It  was  an  eight-inch  fuze. 

Q.  Did  he  state  to  you  that  it  was  the  fuze  connected  with  the 
powder  ? 

A.  Yes,  sir :  he  told  me  the  powder  was  there,  and  that  this 
fuze  was  to  set  it  off. 

Q.    In  what  event  was  the  explosion  to  take  place  ? 

A.  He  said  they  put  it  there  for  the  security  of  the  prisoners ; 
and,  if  our  army  should  have  gotten  in,  they  were  to  set  it  off. 

Q,    For  the  purpose  of  blowing  up  the  prison  and  the  prisoners  ? 

A,   That  must  have  been  their  intention. 

Q.    How  long  did  the  powder  remain  there  ? 

A.  I  think  it  was  taken  up  in  May.  They  took  it  out  secretly. 
When  they  took  it  out,  they  shut  up  the  whole  building ;  and  I  do 
not  know  any  thing  about  it. 

Q.    Do  you  know  why  it  was  taken  out  secretly  ? 

A.   No,  sir. 

Q.  Do  you  know  whether  the  knowledge  that  it  was  removed 
was  concealed  from  i\\Q;  prisoners  themselves  ? 

A.  I  do  not  know.  There  were  no  prisoners  in  the  building 
when  it  was  taken  out.  The  prisoners  had  then  all  been  sent  to 
Macon,  Ga. 

By  the  Court  : 

Q.  Did  you  understand  by  whose  authority  that  powder  was  put 
there  ? 

A.  No,  sir  :  I  was  never  aware  by  whose  authority  it  was  put 
there  ;  but  I  presume  it  was  by  General  Winder  or  the  Secretary 
of  War. 

By  the  Judge  Advocate  : 

Q.  State  whether  Tm*ner,  the  keeper  of  the  prison,  did  not  seem 
to  be  acting  under  the  authority  of  the  rebel  War  Depai'tmeut. 

12* 


138  THE     TRIAL. 

A.   The  major  never  told  me  under  what  orders  he  acted.     No 
written  order  ever  came  about  it.     He  only  said  it  was  so. 
Q.    AVas  he  not  subordinate  officer  to  General  Winder? 
A.   He  was  subordinate  to  General  Winder. 

By  the  Court  : 

Q.    You  say  it  was  understood  that  it  was  under  the  authority  of 
General  Winder  or  the  Secretary  of  War  ? 
A.   Yes,  sir. 

John  Latouche, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q.  State  to  the  Court  whether  or  not  you  have  been  in  the 
service  of  the  Confederates. 

A.  Yes,  sir.  I  was  in  the  Confederate-States  army,  first  lieu- 
tenant, Company  B,  Twenty-fifth  Yu-ginia  battalion. 

Q.  State  whether  or  not  you  were  on  duty  at  Libby  Prison  in 
March,  18G4,  and,  if  so,  in  what  capacity. 

A.  Yes,  sir.  I  had  been  detailed  to  post  duty  in  Richmond  to 
regulate  the  details  of  the  guards  of  the  military  prisons  there,  and 
was  on  duty  there  at  that  time. 

Q.  Will  you  state  what  knowledge,  if  any,  you  have  of  Libby 
Prison  being  mined  about  that  time  by  the  Confederate  authorities  ? 

A.  jMajor  Turner,  the  keeper  of  the  prison,  told  me  that  he  was 
going  to  see  General  Winder  about  the  guard, — I  think  we  had 
no  relief  that  day;  the  troops  having  been  sent  out  of  town,  — and 
he  returned,  and  told  me  that  General  Winder  himself  had  been  to 
see  the  Seci"etary  of  War,  and  that  they  were  going  to  pat  powder 
under  the  prison.  In  the  evening  of  the  same  day,  the  powder 
came  there,  two  twenty-five  pound  kegs,  and  a  box.  The  box,  I 
supposed,  contained  about  as  much  as  the  two  kegs. 

Q.    IMaking  about  one  hundred  pounds  ? 

A.  I  think  so.  I  think  I  am  rio-ht  about  the  size  of  the  keo-s. 
There  was  a  hole  dug  in  the  centre  of  the  middle  basement,  and 
the  powder  was  put  down  there.     The  box,  when  it  was  put  into 


THE     TRIAL.  130 

the  bole,  just  came  level  with  the  ground,  and  it  was  covered  with 
gravel. 

Q.    Did  you  see  the  fuze  by  which  it  was  to  be  set  off? 

A.  Not  at  that  time.  I  did  not  know  there  was  a  fuze  to  it  then. 
Tliere  was  nothinsf  more  done  to  it  at  that  time.  I  took  one  of  the 
sentries  from  the  outside  of  the  building,  placed  him  over  this  pow- 
der, so  that  no  accident  might  occur ;  and  the  next  day  Major  Turner 
showed  us  the  fuze  in  the  office,  —  showed  it  to  everybody  there,  — 
a  long  fuze,  made  of  gutta  percha.  Such  a  fuze  I  had  never  seen 
before. 

Q.    Did  he  have  charge  of  the  fuze  himself? 

A.  Yes,  sir :  nobody  else  had  it  but  himself.  The  powder 
reiPxained  there  until  May.  I  think  it  was  in  May,  Major  Turner 
went  South,  and  all  the  prisoners  were  sent  out  of  the  Libby  build- 
ing proper  to  the  South  ;  and  General  Winder  sent  a  note  down  to 
the  office  with  directions  to  take  up  the  powder  as  privately  as  pos- 
sible, or  as  secretly  as  possible,  —  I  forget  the  words;  and  I  either 
gave  or  sent  the  note.  The  note  was  delivered  into  my  hands  for 
the  inspector  of  the  prison,  who,  I  supposed,  took  it  up.  I  did  not 
see  it  taken  up. 

Q.  Was  it  stated  by  Major  Turner  in  what  event  this  powder  was 
to  have  been  set  off? 

A.  Not  at  that  time  ;  but  afterwards  I  heard  him  speak  about  it, 
and  say  that,  in  the  event  of  the  raiders  coming  into  Richmond,  he 
would  have  blown  up  the  place ;  and  I  understood  him  to  say  that 
such  were  his  orders. 

Q.  The  purpose  being  to  destroy  the  building  and  the  prisoners 
in  it  ? 

A.    I  suppose  so. 

George  R.  Magee, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

By  the  Judge  Advocate  : 

Q.    State  to  the  Couil  whether  you  know  the  prisoner  at  the  bar, 
Samuel  Arnold. 
A.   I  do. 


140  THE     TRIAL. 

Q.  State  to  the  Court  whether  or  not  he  has  been  in  the  military 
service  of  the  rebels. 

Mr.  Ewixg.     I  object  to  that  question. 

The  Judge  Adtocate.     State  the  grounds  of  your  objection. 

Mr.  Ewing.  The  ground  of  my  objection  to  that  question  is, 
that  Arnold  is  here  on  trial  for  having  been  engaged  in  a  conspiracy 
to  do  certain  things,  and  that  it  is  not  competent  for  the  Goverament 
to  show  (if  such  be  the  fact),  that,  before  he  entered  into  the  con- 
spiracy, he  was  in  the  military  service  of  the  Confederate  States.  He 
is  not  on  tnal  for  having  been  in  the  military  service  of  the  Confed- 
erate States.  He  is  on  trial  for  offences  defined  clearly  in  the 
chai-ge  and  specification ;  and  it  seems  to  me  it  is  clearly  not  competent 
to  attempt  to  aggravate  the  offence  of  which  he  is  charged,  and  of 
which  tliey  seek  to  prove  him  guilty,  by  proving  that  he  has  been 
unfaithful  to  the  Government  in  other  resjjects  and  at  other  times ; 
and  it  is  introduced,  and  can  be  introduced,  for  no  other  purpose 
than  that  of  ao;2Tavatinof  his  alleo;ed  offences  in  connection  with  this 
conspiracy.  That  course  of  testimony  would  be,  in  effect,  to  allow 
the  prosecution  to  initiate  testimony  as  to  the  previous  character  of 
the  accused ;  and  that  is  a  right  that  is  reserved  to  the  accused  always, 
and  is  never  allowed  to  the  prosecution.  It  would  do  more  than 
that :  it  would  allow  them  to  do  what  the  accused  is  not  allowed  on 
his  own  behalf  on  the  point  of  character ;  that  is,  to  show  acts 
wholly  unconnected  with  the  crimes  with  which  he  is  charged,  fi'om 
which  his  previous  character  may  be  inferred. 

The  Judge  Advocate.  If  the  Court  please,  I  will. make  a  single 
remark.  I  think  the  testimony  in  this  case  has  proved,  what  I  be- 
lieve history  sufficiently  attests,  how  kindred  to  each  other  are  the 
crimes  of  treason  against  a  nation  and  the  assassination  of  its  chief 
magistrate.  I  think  of  those  crimes  the  one  seems  to  be,  if  not  the 
necessary  consequence,  certainly  a  logical  sequence  from  the  other. 
The  murder  of  the  President  of  the  United  States,  as  alleged  and 
shown,  was  pre-eminently  a  poUtical  assassination.  Disloyalty  to 
the  Government  was  its  sole,  its  only  inspiration.  When,  therefore, 
we  shall  show,  on  the  part  of  the  accused,  acts  of  intense  disloyalty, 
bearino;  arms  in  the  field  asainst  that  Government,  we  show  with 
him  the  presence  of  an  animus  towards  the  Government  which 


THE     TRIAL.  141 

relieves  this  accusation  of  mucli,  if  not  all,  of  its  improbability. 
And  this  coui-se  of  proof  is  constantly  resorted  to  in  criminal  courts. 
I  do  not  regard  it  as  in  the  slightest  degree  a  departure  from  the 
usages  of  the  profession  in  the  administration  of  public  justice.  The 
purpose  is  to  show  that  the  prisoner,  in  his  mind  and  course  of  life, 
was  prepared  for  the  commission  of  this  crime ;  that  the  tendencies 
of  his  life,  as  evidenced  by  open  and  overt  acts,  lead  and  point  to 
this  crime,  if  not  as  a  necessary,  certainly  as  a  most  probable  result ; 
and  it  is  with  that  view,  and  that  only,  that  the  testimony  is  offered. 

Mr.  Ewing.     Can  the  learned  Judge  Advocate  produce  any 
authority  to  sustain  his  position  ? 

The  Judge  Advocate.     I  think  there  is  abundance  of  testimony 
to  sustain  the  position.     Mr.  Bingham  can  state  it. 

Assistant  Judge  Advocate  Bingham.  In  Roscoe  there  is  ex- 
press authority.  The  book  was  here  ;  but  I  see  it  is  not  here  now. 
As  the  gentleman  calls  for  authority,  I  will  state  now,  and  pledge 
myself  to  bring  the  book  into  the  court-room,  that  Roscoe's  Crimi- 
nal Evidence,  about  page  85  or  89,  contains  the  express  text  in  the 
body  of  it,  that,  when  the  intent  with  which  a  thing  is  done  is  in 
issue,  other  acts  of  the  prisoner,  not  in  issue  to  prove  that  intent, 
may  be  given  in  evidence  ;  and  that  is  exactly  the  point  that  is  made 
here  by  the  Judge  Advocate  Greneral,  It  is  not  the  point  contem- 
plated by  the  counsel ;  and,  putting  it  on  the  ground  on  which  he 
puts  it,  nobody  contends  for  it.  It  is  alleged  in  this  cliarge  and 
specification  that  this  paity  engaged  in  this  conspiracy  to  murder 
the  President  of  the  United  States,  to  murder  the  Secretary  of 
State,  to  murder  the  Vice-President,  and  to  murder  Lieutenant- 
General  Grant,  the  commander  of  the  armies  in  the  field  under  tiie 
direction  of  the  President,  with  intent  to  aid  the  Rebellion  against 
the  United  States.  The  intent  is  put  in  issue  here  by  the  charge  and 
specification  against  all  these  prisoners  ;  and  the  attempt  now  made  is 
to  establish  that  intent  by  proving  what  ?  By  proving  that  this  man 
himself  was  part  of  the  Rebellion  ;  that  he  was  in  it.  I  undertake 
to  say  that  there  is  no  authority  which  is  fit  to  be  read  in  a  court  of 
justice  anywhere  that  can  be  brought  against  it.  I  may  just  as  well 
remark  in  this  connection  here,  that  the  general  rules  of  evidence 
which  obtain  in  the  courts  of  the  common  law  are  always  recognized 


142  THE     TRIAL. 

by  the  military  courts.  The  ground  on  which  it  is  put  —  I  state 
the  authority  in  words  —  is,  that  on  a  criminal  trial  where  the  intent 
is  in  issue,  other  acts  of  the  prisoner,  not  in  issue,  may  be  proved 
against  him  by  the  prosecution  in  order  to  show  that  intent.  The 
cases  are  very  numerous. 

Mr.  Ewing.     Just  refer  to  the  allegation. 

IMr.  Bingham.  The  gentleman  asks  me  to  refer  to  the  allegation. 
I  will.  The  charge  is,  "  maliciously,  unlawfully,  and  traitorously, 
and  in  aid  of  the  existingi;  armed  Rebellion  a2;ainst  the  United  States 
of  x\merica,  on  or  before  the  6th  day  of  March,  A.D.  1865,  com- 
bining, confederating,  and  conspiring  together"  with  the  persons 
named  in  the  charge,  "  and  others  unknown,  to  kill  and  murder, 
within  the  iMilitary  Department  of  Washington,  and  within  the  forti- 
fied and  intrenched  lines  thereof,  Abraham  Lincoln,  &c."  Com- 
bining, confederating,  and  conferring  together  "  in  aid  of  the 
existing  armed  Rebellion  against  the  United  States  of  America  ' '  is 
the  allegation  :  that  is  the  intent. 

Mr.  Ewing.     It  is  an  allegation  of  fact,  and  not  of  intent. 

Assistant  Judge  Advocate  Bingham.  I  understand  the  gen- 
tleman; but  I  assert  that  the  words  there  used,  "in  aid  of  the 
existing  armed  Rebellion  against  the  United  States  of  America," 
are  words  of  intent.  The  formality  of  an  indictment  is  simply 
departed  from.  If  the  charge  had  followed  the  common-law  form, 
it  would  have  read,  "  with  intent  to  aid  the  existing:  armed  Rebellion 
against  the  United  States,"  the  parties  did  then  and  there  agree, 
combine,  and  confederate  together,  to  kill  and  murder  the  President 
of  the  United  States.  These  words  are  not  the  express  terms  used  ; 
but  they  are  by  necessary  implication  implied  :  it  is  nothing  but  an 
allegation  of  intent,  and  never  was  any  thing  else.  It  is  no  part 
of  the  body  of  the  charge  beyond  the  allegation  of  intent. 

Then  comes  the  specification  in  regard  to  the  prisoner  Arnold. 
The  first  clause  of  the  specification  is,  that  the  various  persons  here 
on  trial,  "  and  others  unknown,  citizens  of  the  United  States  afore- 
said, and  who  were  then  engaged  in  armed  Rebellion  against  the 
United  States  of  America,  within  the  limits  thereof,  did,  in  aid  of 
said  armed  Rebellion,  on  or  before  the  6th  day  of  March,  A.D. 
1865,  and  on  divers  days  and  times  between  that  day  and  the  15th 


THE     TRIAL.  143 

lay  of  April,  A.D.  18G5,  combine,  confederate,  and  conspire 
ogetber  at  Washington  City,  within  the  Military  Department  of 
iVashino-ton,  and  within  the  intrenched  fortifications  and  mili- 
;ary  lines  of  the  said  United  States,  these  being  unlawfully,  mali- 
nously,  and  traitorously  to  kill  and  murder  Abraham  Lincoln," 
fee,  &c,,  .  .  .  "and,  by  the  means  aforesaid,  to  aid  and  com- 
brt  the  insurgents  engaged  in  armed  Rebellion  against  the 
;aid  United  States  as  aforesaid."  Is  not  that  the  same  as 
;aying,  "  designing  and  intending  thereby  to  aid  and  comfort  the 
nsuro-ents  engao-ed  in  armed  Rebellion  a2;ainst  the  United 
states"?  There  is  the  specification  ;  and  I  should  like  to  know 
low  an  intent  could  be  laid  any  more  strongly  than  that,  or  more 
brmally  than  that.  It  is  an  allegation  of  intent ;  and  I  say  the 
j^uestion  stands  on  authority.  Not  anticipating  that  such  an  objec- 
ion  could  be  raised,  I  have  not  marked  authorities,  and  brought 
;hem  in  here ;  but  I  pledge  myself  to  bring  into  Court,  from  Ros- 
;oe's  "  Criminal  Evidence,"  in  express  words,  the  text  which  I 
lave  stated. 

Mr.  Ewing.  If  the  Court  will  allow  me,  I  will  refer  to  an 
luthority  enunciating  the  great  principle  which  I  claim  :  — 

"  Evidence  will  not  be  admitted  on  the  part  of  the  prosecution  to 
show  the  bad  character  of  the  accused,  unless  he  has  called  wifc- 
lesses  in  support  of  his  character ;  and  even  then  the  prosecution 
3annot  examine  as  to  particular  act." — Benet  on  Military  Law  and 
Courts- Martial,  p.  287. 

That  is  the  general  principle  of  law,  which  is  doubtless  familiar 
;o  the  Court ;  but  the  learned  gentleman  seeks  to  take  this  case  out 
)f  the  general  principle,  upon  the  argument  that  it  is  alleged  in  the 
iharge  that  the  crimes  for  which  the  accused  is  beino-  tried  were 
lone  with  the  intent  of  aiding  the  Rebellion.  Now,  if,  by  the  prac- 
:ice  of  military  courts,  the  allegation  that  the  crimes  were  coramit- 
:ed  with  intent  to  aid  the  Rebellion  were  a  necessary  allegation,  the 
Court  should  reject  the  testimony  now  offered  on  the  ground  of 
irrelevancy.  The  acts  charged  are  acts  of  conspiracy  to  murder  the 
President,  the  heads  of  Government,  and  the  leader  of  the  armies 
Df  the  United  States,  during  the  existence  of  the  Rebellion ;  and 
proof  of  these  acts  would  be  conclusive  as  to  the  intent  to  aid  the 


144  THE      TRIAL. 

Rebellion ;  and  that  evidence  of  intent  would  not  be  in  the  least 
aided  by  proof  of  service  in  the  Confederate  army  prior  to  and  un- 
connected with  the  acts  of  conspiracy. 

But  the  allegation  of  intent  here  is  an  unnecessary  allegation. 
The  crimes  charged  are  the  crimes  of  murder  and  attempted  assas- 
sination ;  and  it  is  unnecessary  to  go  further,  and  allege  that  they 
were  done  with  the  intent  to  aid  the  Rebellion. 

If,  to  support  this  unnecessary  allegation  as  to  intent,  the  Court 
should  admit  evidence  which  would  be  inadmissible  in  the  civil  courts 
in  a  trial  on  an  indictment  for  the  crimes  here  charged,  it  would,  I 
think,  violate  the  law  of  evidence,  because  the  prosecution  has  seen 
fit  to  disregard  the  rules  of  pleading.  The  law  of  evidence  is  —  and 
it  apphes  to  cases  of  conspiracy  as  to  all  other  criminal  cases  — 
that  the  prosecution  can  show  no  criminal  acts  not  part  of  the  res 
gestce  of  the  oiFences  charged,  unless  the  offences  charged  consist 
of  acts  which  are  not  in  themselves  obviously  unlawful,  and  from 
the  commission  of  which,  therefore,  the  evil  intent  cannot  be  pre- 
sumed, —  such  as  uttering  forged  instruments  or  counterfeit  money, 
or  receiving  stolen  goods. 

Before  any  jury,  or  almost  any  body  of  men,  proof  that  a  person 
charged  with  one  crime,  and  on  trial,  had  before  that  committed  some 
other  crime,  would  prejudice  his  cause  materially  ;  and  it  is  to  avoid 
that  result  that  this  wholesome  rule  of  law  has  been  estabUshed. 

That  the  assassination  of  the  President  grew  out  of  the  spirit  of 
the  Rebellion,  and  was  one  of  its  monstrous  developments,  is  most 
true  :  but  the  prisoners  who  are  here  on  trial  are  to  be  tried  on 
evidence  admissible  under  the  rules  of  law ;  and  the  accused  was 
not  called  upon  to  show  here  whether  or  not,  a  year  or  eighteen 
months  before  this  alleged  conspiracy  was  begun,  he  committed  the 
crime  of  having  taken  up  arms  against  his  Government.  He  is 
not  on  trial  for  that ;  and  I  think  it  is  unjust  to  prejudice  his  case 
by  hearing  and  recording  evidence  of  it,  if  such  evidence  can,  in 
fact,  be  produced. 

I  refer  the  Court,  in  further  support  of  my  objection,  to  Whar- 
ton's "  Criminal  Law,"  vol.  i.,  page  297  ;  and  Roscoe's  "  Criminal 
Evidence,"  page  76. 

Assistant  Judge  Advocate  Bingham.     I  have  no  desire  to  de- 


THE     TRIAL.  145 

ay  the  Court ;  but  I  am  very  anxious  to  make  good  what  I  said,  and 
-0  vindicate  the  proposition  of  tlie  Judge  Advocate  General.  I  said 
)efore  that  I  undertook  to  state  that  no  book  fit  to  be  brought  into 
I  court  of  justice  could  be  brought  in  here  to  sustain  the  proposi- 
ion  upon  which  his  objection  rests.  My  proposition  was,  that,  when 
he  intent  with  which  a  thing  was  done  is  put  in  issue,  other  acts 
>f  the  prisoner,  not  in  issue  on  the  trial,  of  the  same  character, 
nay  be  given  in  evidence  to  prove  that  intent.  Now  I  propose 
o  read  from  the  book  which  the  gentleman  himself  has  read ;  but 
le  did  not  read  quite  far  enough  :  — 

' '  Knowledge  and  intent,  when  material,  must  be  shown  by  the 
)rosecution. "  —  Whartoii's  American  Criminal  Law,  page  309, 
\  631. 

It  becomes  material  here,  because  it  is  alleged  as  to  the  conspi- 
ators  that  they  conspired  with  the  intent  to  aid  this  Rebellion  both 
n  the  charge  and  in  the  specification  ;  not  they  murdered  with  that 
ntent,  but  conspired  to  murder  with  that  intent,  to  aid  the  Rebel- 
ion.  The  language  of  this  author  (Wharton)  is,  "  Knowledge  and 
ntent,  when  material,  must  be  shown  by  the  prosecutor.  It  is 
mpossible,  it  is  true,  in  most  cases  to  make  them  out  by  direct  evi- 
lence,  unless  they  have  been  confessed,  but  may  be  gathered  from 
he  conduct  of  the  party  as  shown  in  proof;  and,  when  the  tendency 
)f  his  actions  is  direct  and  manifest,  he  must  always  be  presumed 
o  have  designed  the  result  when  he  acted.'* 

As  to  guilty  knowledge,  on  the  same  page  of  the  book,  the  author 
says,  — 

"  The  law  in  this  respect  seems  to  be  that  evidence  of  other  acts 
)r  conduct  of  a  similar  character,  even  although  involving  substan- 
ive  crimes,  is  admissible  to  prove  guilty  knowledge,"  even  although 
t  shows  other  crimes  not  involved  before  the  Court.  On  the  very 
lext  page,  the  same  author  says,  — 

"  The  same  evidence  is  generally  admissible  to  prove  intent  as  to 
>how  guilty  knowledge." 

That  is  to  say,  other  acts,  although  involving  substantive  crime, 
nay  be  admitted.  I  do  not  think  the  wi'iter  of  that  book,  if  he 
lad  been  writing  for  this  occasion,  could  have  written  it  more  plain- 
y  than  that.      On  the  point  the  gentleman  made,  the  writer  con- 

VOL.  II.  18 


X 


146  THE     TRIAL. 

V 

eludes  us  on  that  question  by  saying,  *'  that,  if  the  crime  itself  is 
committed,  the  intent  is  necessarily  presumed  by  the  law."  To  be 
sure  it  is ;  but  there  are  two  allegations  here.  One  is  a  conspi- 
racy — 

Mr.  Ewing.    To  murder  the  President. 

Assistant  Judge  Advocate  Bingham.  A  conspiracy,  with 
intent  to  aid  the  Rebellion,  to  murder  the  President ;  and  then  there 
is  the  murdering  of  the  President  in  aid  of  the  Rebellion  in  pursu- 
ance of  the  conspiracy.  Now,  we  are  trying  to  prove  the  intent 
with  which  they  entered  into  this  conspiracy  and  executed  it.  This 
book,  in  answer  to  that  suggestion  of  the  gentleman,  says,  — 

"  A  defendant's  conduct  during  the  res  gestcB,  as  his  manner  at 
the  time  of  passing  the  note,  or  his  having  passed  by  several  names, 
is  also  admissible  for  the  same  purpose ;  but  the  intent,  the  guilty 
knowledge,  must  be  brought  directly  home  to  the  defendant ;  but 
in  no  case  can  evidence  tending  to  show  it  be  admitted  until  the 
corpus  delicti  is  first  clearly  shown." 

What  then  ?     Then  it  may  be. 

Mr.  Ewing.    That  is  the  res  gestae. 

Assistant  Judge  Advocate  Bingham.  No  :  as  to  the  intent. 
What  becomes  of  the  objection  now  ?  The  body  of  the  crime  has 
been  proved  according  to  the  practice  of  the  common  law,  as  a  gen- 
eral thing ;  and  the  only  exception  that  I  know  of,  of  any  note,  is 
the  exception  made  at  common  law  in  cases  of  conspiracy,  which 
the  gentleman  will  remember  is  written  in  the  text  of  Starkie. 
Then  what  next?  In  order  to  prove  the  intent,  .you  may  have 
other  acts  of  the  prisoner,  although  they  involve  substantive  crime ; 
and  the  same  text  and  section  of  Wharton  goes  on  to  say,  — 

"  On  the  charge  of  sending  a  threatening  letter,  prior  and  sub- 
sequent letters  from  the  person  to  the  party  threatening  may  be 
given  in  evidence  as  explanatory  of  the  meaning  and  intent  of  the 
particular  letter  upon  which  the  indictment  is  framed." 

What  do  you  say  to  that  ? 

Mr.  Ewing.    I  say  it  does  not  apply  at  all. 

Assistant  Judge  Advocate  Bingham.  I  say  it  does  apply; 
that  sending  prior  and  subsequent  letters  is  a  distinctive  crime, 
for  which  he  might  also  be  indicted ;  and  entering  into  this  is  a 


THE     TRIAL.  147 

distinctive  crime,  for  wbicli  the  party  may  be  also  arraigned ;  but, 
when  he  entered  it,  he  entered  into  it  to  aid  it,  did  he  not  ? 

Mr.  Ewing.  He  did  not  enter  into  that  to  assassinate  the  Presi- 
dent. 

Assistant  Judge  Advocate  Bingham.  Yes :  he  entered  into 
it  to  assassinate  the  President ;  and  everybody  else  that  entered 
into  the  Rebellion  entered  it  to  assassinate  everybody  that  repre- 
sented this  Government,  that  either  followed  the  standard  in  the 
field,  or  represented  its  standard  in  the  counsels.  That  is  exactly 
why  it  is  germane. 

The  Commission  overruled  the  objection. 

The  Judge  Advocate  [to  the  witness].  Now  state  to  the  Court 
whether  the  prisoner,  Samuel  Arnold,  within  your  knowledge,  has 
been  in  the  military  service  of  the  Rebellion  ? 

A.    I  cannot  say  positively. 

Q.    What  knowledge  have  you  on  the  subject  ? 

A.   I  have  seen  him  in  Richmond,  with  the  uniform  on,  I  think. 

Q.    The  uniform  of  the  rebel  military  service  ? 

A.   Yes,  sir. 

Q.    Was  it  the  uniform  of  a  private  soldier,  or  of  an  officer? 

A.   That  I  cannot  remember. 

Q.    Can  you  not  remember  the  year  ? 

A.  I  think  it  was  in  1862. 

Cross-examined  by  Mr.  Ewing  : 

Q.    Was  it  not  in  May,  1861,  that  you  saw  the  prisoner  Arnold? 

A.   It  may  have  been.     I  cannot  say  positively. 

Q.    Was  he  not  ill  at  the  time ?     Did  he  not  look  ill? 

A.  I  declare  I  cannot  remember.  I  know  that  he  had  been  ill ; 
but  whether  it  was  at  that  time  or  not,  I  cannot  say. 

Q.    You  think  it  probable  this  was  in  1861  ? 

A.  It  might  have  been  :  I  cannot  state  the  year  positively.  I 
remember  seeing  him  several  times  :  when  it  was,  I  cannot  say. 

By  Assistant  Judge  Advocate  Burnett  : 

Q.    Was  it  since  the  Rebellion  you  saw  him  there  ? 
A.  It  was. 


148  THE     TRIAL. 

Q.    He  was  at  large  in  Richmond,  wearing  tlie  rebel  uniform  ? 
A.   I  think  so.     It  is  hard  to  tell  whether  he  had  on  a  particular 
uniform  :  almost  everybody  wore  it  then. 

John  Caldwell, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  Assistant  Judge  Adtocate  Bcrnett  : 

Q.    Where  do  you  reside  ? 

A.   In  Georgetown. 

Q.  State  where  you  were  on  the  morning  after  the  assassination 
of  the  President. 

A.  I  was  at  Matthews  &  Co.'s  store  in  Georgetown,  —  49  High 
Street. 

Q.  State  whether,  on  that  morning,  you  saw  any  one  of  the 
prisoners,  and  which  one. 

A.  I  saw  that  one  [pointing  to  the  prisoner,  George  A.  Atze- 
rodt]. 

Q.    AVhat  time  in  the  morning  did  you  see  him  ? 

A,    It  was  about  eis-ht  o'clock  when  he  came  there. 

Q.    State  what  occurred  between  you  and  the  prisoner. 

A.  He  came  in  ;  and  I  asked  him  how  he  was,  and  so  on.  He 
told  me  he  was  going  to  the  country,  and  asked  me  if  I  did  not 
want  to  buy  his  watch.  I  told  him  no  ;  I  had  a  watch  of  my  own  ; 
that  I  had  no  use  for  a  watch.  He  then  asked  me, to  lend  him  ten 
dollars.  I  told  him  I  had  not  the  money  to  spare  to  lend  to  him  ; 
and  he  then  took  his  revolver  off,  and  said,  "Lend  me  ten  dollars,  and 
take  this  as  security,  and  I  will  bring  it  back  or  send  it  to  you 
next  week."  I  thought  the  revolver  was  good  security  for  the  mon- 
ey, and  I  let  him  have  it,  and  expected  him  back  to  pay  again. 

Q.    Do  you  think  you  would  recognize  that  revolver  now  ? 

A.   Yes,  sir :  I  think  I  should. 

Q.    Is  that  it  ?     [Submitting  to  the  witness  a  revolving  pistol.] 

A.   That  is  the  revolver. 

Q.    Was  the  revolver  then  loaded  ? 

A.   Yes,  sir. 


THE     TRIAL.  149 

Q.    Is  it  now? 

A.   Yes,  sir ;  and  capped. 

[The  pistol  was  offered  in  evidence  without  objection,   and  is 
marked  Exhibit  No.  61.] 

Q.  Is  that  all  that  passed  between  you  and  the  prisoner  at  that 
time  ? 

A.  Yes,  sir. 

Q.  Did  you  inquire  of  him  why  the  revolver  was  loaded  ? 

A.  I  did  not. 

Q.  You  simply  gave  him  money,  and  kept  the  revolver? 

A.  That  is  all. 

Cross-examined  by  Mr.  Doster  : 

Q.  Had  you  known  this  man  before  ? 

A.  Yes,  sir. 

Q.  How  long? 

A.  I  have  known  him  for  the  last  three  or  four  years. 

Q,  Were  you  on  intimate  terms  with  him  ? 

A.  Not  very.      We  always  acted  civil  to  each  other  whenever 
we  met. 

Q.  Had  you  ever  loaned  him  any  money  before  ? 

A.  No,  sir  :  I  never  did. 

Q.  What  is  the  business  of  Matthews  &  Co.  ? 

A.  Grocers, 

By  the  Court  : 

Q.    Look  at  that  revolver,  and  state  whether  it  has  ever  been 
fired,  or  is  a  new  one. 

A.   It  looks  as  if  it  had  been  fired  ;   but  I  never  fired  it.    It  was 
loaded  when  I  got  it,  and  it  is  loaded  now. 

Q.    Does  it  give  evidence  of  ever  having  been  fired  ? 

A.   It  looks  as  if  it  had  been. 

Q.    Where? 

A.    It  seems  to  be  burnished  there  as  if  with  caps.     I  am  not 
much  acquainted  with  revolvers.     I  cannot  say  positively. 
13* 


150  THE     TRIAL. 

Mary  Simms, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  Assistant  Judge  Advocate  Bingham  : 

Q.  State  if  you  know  any  of  these  persons  in  the  dock  here, 
the  piisoners. 

A.  I  know  that  one  yonder,  Dr.  Sam.  Mudd  [pointing  to  the 
prisoner,  Samuel  A.  Mudd]. 

Q.    State  whether  you  lived  with  him. 

A.   I  lived  with  him. 

Q.    State  whether  you  were  his  slave. 

A.    Yes,  sir  :  I  was  his  slave. 

Q.    State  how  long  you  lived  with  him,  and  when  you  left  him. 

A.  I  lived  with  him,  I  think,  four  years,  and  left  him  about  a 
month  before  this  Christmas  gone. 

Q.  When  you  were  with  him,  did  you  hear  Dr.  Mudd,  the  pris- 
oner, say  any  thing  about  President  Lincoln  ? 

A.  Yes,  sir :  I  heard  him  say  that,  when  he  came  in  here,  he 
stole  here  in  the  night,  dressed  in  woman's  clothes,  and  they  lay  in 
watch  for  him ;  and,  if  he  had  come  right,  they  would  have  killed 
him. 

Q.  State  if  he  said  any  thing  about  "shooting"  when  he  was 
speaking  of  Mr.  Lincoln,  and  what  he  said  about  shooting. 

A.  He  never  said  any  thing  about  shooting,  but  said  he  would 
have  killed  him  if  he  had  come  in  right :  but  he  could- not ;  he  was 
dressed  in  woman's  clothes. 

Q.    Did  he  say  whether  any  were  watching  for  him,  and  who  ? 

A.   He  never  said  who  was  watching. 

Q.  TVTiat  did  he  call  the  people,  who,  he  stated,  would  have  shot 
him  if  they  could  have  caught  him  ? 

A.    He  said,  "  Those  men  :  "  he  never  mentioned  names. 

Q.  State  whether  there  was  any  man  who  visited  his  house  often 
last  summer. 

A.  There  was  a  man  visited  there  last  summer  by  the  name  of 
Surratt,  —  John  Surratt ;  and  another  one  by  the  name  of  Walter 
Bowie. 


THE     TRIAL.  151 

Q.    Who  called  biin  Surratt  ? 

A.   I  beard  them  all  call  him  Mr.  Surratt. 

Q.    Yv'lio  called  hun  that  ? 

A.  Dr.  Sam.  3Iudd,  and  Dr.  Sam.  Mudd's  wife,  called  him  Mr. 
Surratt. 

Q.  What  sort  of  a  looking  man  was  Mr.  Surratt, — young  or 
old  1 

A.   He  was  a  young-looking  man. 

Q.    State  whether  he  was  tall  or  short. 

A.   He  was  a  slim-made  man,  not  veiy  tall,  and  not  very  short. 

Q.    What  was  the  color  of  his  hair  ? 

A.   His  hair  was  sort  of  hght :  it  was  not  black. 

Q.    State  whether  he  came  very  often  or  not. 

A.  Yes,  sir  :  he  was  there  from  almost  every  Saturday  night  to 
Monday  night.  When  he  would  go  to  Vu'ginia,  or  come  back  fi'om 
there,  he  would  stop. 

Q.    Where  did  he  sleep  when  at  Dr.  Mudd's  ? 

A.   He  slept  out  in  the  woods.     All  of  them  slept  in  the  woods.. 

Q.    How  many  were  with  them  at  times  in  the  woods  ? 

A.  Captain  White,  from  Tennessee  (I  heard  them  say  he  was 
from  Tennessee)  ;  then  there  was  a  Captain  Perry,  and  Lieutenant 
Perry,  and  Andrew  Grwynn,  and  Ben.  Gwynn,  and  G-eorge  Gwynn. 

Q.  How  did  they  get  victuals,  if  they  got  any,  when  they  were 
at  his  house  ? 

A.  When  they  came  into  his  house  to  eat,  they  put  us  all  out  to 
watch. 

Q.    Who  put  you  out  to  watch? 

A.  Dr.  Sam.  Mudd,  to  see  if  anybody  would  come  ;  and,  when 
we  told  them  anybody  was  coming,  they  would  run  out,  and  go  off 
to  the  woods  again  ;  and  he  would  make  me  take  the  victuals  out 
to  them.  I  would  set  their  victuals  down,  and  I  would  stand  and 
Wiitch ;  and  the  rebels  would  come  out  and  get  the  victuals,  while  I 
stood  behind  a  tree  and  watched  them. 

Q.  State  to  the  Court  whether  this  man  Surratt  ever  came  to  get 
victuals  in  that  way? 

A.  Yes  Surratt  and  Andrew  Gwynn  were  the  only  two  I  saw 
come  for  the  victuals. 


152  THE     TRIAL. 

Q.  When  you  were  set  to  watch  that  door  if  anybody  came 
while  they  were  eating  in  the  house,  did  you  at  any  time  give 
notice  to  Dr.  Mudd  that  some  person  was  coming  to  the  house  ? 

A.  Yes,  sir.  One  time  I  was  standing  at  the  door  watching, 
and  a  gentleman  came  up,  —  by  the  name  of  Mudd  also,  —  a  next- 
door  neighbor.  I  told  them  he  was  coming,  and  the  men  ran 
out. 

Q.    What  men  ran  out  ? 

A.  Ben.  Gwynn,  Captain  Perry,  Captain  White,  and  Andrew 
Gwynn. 

Q.  Did  you  ever  see  Surratt  in  the  house  of  Dr.  Mudd  at  any 
other  time  than  when  he  was  eating  ? 

A.  Yes,  sir.  I  have  seen  him  in  the  house,  up  stairs  with  him, 
and  in  the  parlor. 

Q.  State  whether  they  went  apart  and  talked,  or  whether  they 
were  present  with  the  family. 

A.  They  never  talked  very  often  in  the  presence  of  the  family : 
they  always  went  oif  by  themselves  to  talk. 

Q.    Where  did  they  go  ? 

A.   They  went  up  stairs  in  the  room. 

Q.  State  now  to  the  Court  how  you  knew  that  persons  came 
there  from  Virginia,  as  you  have  stated. 

A.   They  brought  letters  from  Virginia. 

Q.    To  whom  did  they  bring  letters  ? 

A.   To  Dr.  Sam.  Mudd. 

Q.  Now  state  to  the  Court  whether  he  would  give 'them  any  let- 
ters to  take  back. 

A.  Yes  :  he  gave  them  letters  to  take  back,  and  clothes  and 
socks. 

Q.  What  sort  of  clothing  were  these  men  dressed  in  that  brought 
letters  from  Virginia  ? 

A.  Some,  that  they  called  lieutenants  and  officers,  had  epaulets 
on  their  shoulders,  and  gray  breeches  with  yellow  stripes  down 
the  legs. 

Q.    Yv'hat  was  the  color  of  the  coat  ? 

A.  The  coat  was  the  same  color  as  the  breeches,  —  gi'ay, 
trimmed  up  with  yellow. 


THE     TRIAL.  153 

Q.  Did  jou  hear  Samuel  A.  Mucld  say  any  thing  at  any  time 
about  sending  anybody  to  Richmond  ? 

A.  When  he  shot  my  brother,  he  talked  about  sending  him  to 
Kichmond.     He  said  he  bad  a  place  in  Richmond  for  him. 

Q.    What  did  he  say  he  would  have  him  do  in  Richmond  ? 

A.   Building  batteries,  I  understood. 

Q.    Was  your  brother  his  slave  ? 

A.    Yes,  sir  :  my  brother  was,  and  I  was  too. 

Q.    W^hat  is  your  brother's  name  ? 

A.   Elzee  Egler. 

Cross-examined  by  Mr.  Ewing  : 

Q.  It  was  about  four  years  ago  when  he  said  to  you,  that,  when 
Mr.  Lincoln  came  into  Washington,  he  came  dressed  in  woman's 
clothes  ? 

A.  Yes,  sir,  that  was  about  four  years  ago.  He  never  said  it 
to  me  :  he  said  it  at  the  table. 

Q.  You  spoke  of  their  sleeping  in  the  woods.  Do  you  mean 
that  he  slept  in  the  woods  ? 

A.  No  :  he  never  slept  in  the  woods.  The  men  who  used  to 
come  to  his  house  slept  in  the  woods.  The  bedclothes  were  car- 
ried out  into  the  woods  for  them  to  sleep  on. 

Q.  Are  you  sure  that  you  saw  Mr.  Surratt  at  that  house  more 
than  once  ? 

A,   Yes,  sir :  I  saw  him  at  that  house  a  dozen  times  or  more. 

Q.    Do  you  mean  last  year,  or  the  year  before  ? 

A.   I  mean  last  sunnner. 

Q.    You  say  you  saw  him  a  dozen  times  last  summer  ? 

A.   Yes,  sir. 

Q.    How  many  times  did  Surratt  sleep  in  the  house  last  summer? 

A.  I  do  not  think  he  slept  in  the  house  any  time.  None  of  them 
ever  slept  in  the  house  but  Watt  Bowie. 

Q.    What  was  the  last  time  you  saw  Surratt  there  ? 

A.  I  do  not  know  what  the  month  was  when  I  last  saw  him. 
Ajiples  and  peaches  were  all  ripe  the  last  time  I  saw  him.  He 
went  away  then,  and  said  he  was  coming  here  to  Washington. 

Q.    How  long  was  that  before  you  left  Dr.  Mudd's  ? 


154  THE     TRIAL. 

A.  I  left  him  just  about  a  month  before  Chiistmas.  I  was  free 
then  :  he  whipped  me,  and  I  ran  away. 

Q.    You  left  Dr.  Mudd's  house  because  he  whipped  you  ? 

A.    Yes,  sir. 

Q.  I  suppose,  when  Mr.  Surratt  was  there,  all  the  other  ser- 
vants around  the  house  saw  him,  besides  you  ? 

A.  All  did  not ;  but  the  one  that  lived  in  the  kitchen  saw  him, 
besides  me. 

Q.    What  is  her  name  ? 

A.   Rachel  Spencer. 

Q.    Did  she  see  him  every  time  he  was  there  ? 

A.  I  do  not  know  whether  she  saw  him  every  time.  She  was 
not  in  the  house,  but  in  the  kitchen  :  I  was  in  the  house,  attending 
to  the  children. 

Q.  Were  there  not  some  other  servants  in  the  house  besides 
you? 

A.  There  were  some  more  little  children  in  the  house, — two 
little  orphan  children. 

Q.   Were  there  no  other  servants  ? 

A.    One  named  Letty,  and  one  named  Lou. 

Q.    Was  there  not  one  in  the  house  named  Julia  Ann  ? 

A.   She  never  staid  in  the  house  :  she  staid  out  in  the  field. 

Q.    Did  she  ever  see  Mr.  Surratt  there  or  not  ? 

A.  I  do  not  know.  She  did  not  stay  in  the  house,  but  in  the 
field. 

Q.  Did  Mr.  Surratt  never  take  dinner  at  the  house  when  he 
was  there  ? 

A.  Yes,  sir :  he  has  taken  dinner  in  the  house,  but  never  slept 
there. 

Q.    How  many  times  did  he  take  dinner  there  last  summer  ? 

A.  About  six  or  seven  times.  All  the  rest  of  the  time,  when 
men  from  here  were  going  after  them,  they  got  scared,  and  ate  out 
in  the  woods. 

Q.  Did  not  the  white  men  working  on  the  place  take  dinner  at 
the  same  time  ? 

A.  There  was  no  white  men  working  there  but  old  Mr.  Best, 
and  lie  never  ate  with  them. 


THE     TRIAL.  155 

Q.   Was  he  not  up  at  the  house  at  dinner-time  ? 

A.  No  :  he  never  came  to  the  house  until  they  were  done  eat- 
ing ;  and  then  they  would  blow  the  horn  for  his  dinner. 

Q.  Did  not  the  colored  men  who  worked  in  the  field  eat  dinner 
at  the  house  ? 

A.  No,  not  until  the  white  folks  were  done ;  and  then  the  horn 
was  blown,  and  they  all  came  in. 

Q.  Did  not  some  of  the  colored  men  who  worked  in  the  field 
see  Surratt  when  he  came  there  ? 

A.   I  do  not  know  whether  they  did  or  not. 

Q.  Whereabouts  did  Surratt  and  those  who  were  with  him  leave 
their  horses  on  those  occasions  ? 

A.  They  left  their  horses  out,  and  the  boy  would  cany  them  to 
the  stable. 

Q.    What  boy? 

A.  My  little  brother ;  be  is  here  :  he  carried  the  horses  to  the 
stable. 

Q.    What  is  his  name  ? 

A.    Milo  Simms  is  his  name. 

Q.    You  spoke  of  a  woman  named  Rachel :  where  is  she  now  ? 

A.   In  the  room  yonder. 

Q.  Were  there  no  neighbors  who  were  in  the  house  when  Mr. 
Surratt  was  there,  and  saw  him  there  ? 

A.  I  should  think  Mr.  William  Mudd,  and  Vincent  Mudd,  and 
Albert  Mudd,  might  have  seen  him. 

Q.    They  all  of  them  saw  him  several  times  there  last  summer? 

A.  They  all  saw  him  :  they  all  visited  the  house  while  the 
*'rebs"  were  about. 

Q.    Any  other  neighbors  ? 

A.    Not  any  others  that  I  know  of, 

Q.  You  never  saw  him,  then,  in  company  with  any  of  the  other 
neighbors  ? 

A.  No,  sir  :  when  any  of  them  came,  they  would  not  let  them 
see  these  men.  When  Sylvester  Mudd  and  some  others  came,  they 
would  run  out  of  the  way. 

Q.  Was  there  not  a  man  by  the  name  of  Albion  Brooke  there 
when  Surratt  was  there  ? 


156  THE     TRIAL. 

A.    Yes  :  Albion  Brooke  was  there. 

Q.    Did  he  see  Surratt  there  several  times  ? 

A.  Yes,  sir  :  he  was  getting  ready  then  to  go  to  school,  and  he 
would  come  in  sometimes.  Albion  Brooke  went  off  to  school 
directly  after. 

Q,   How  many  times  did  he  see  Surratt  there? 

A.  I  do  not  know  how  many  times  he  saw  him  there.  He 
worked  too ;   but  he  came  in  sometimes. 

Q.    He  saw  him  several  times  last  summer  ? 

A.    Yes,  sir. 

Q.  What  was  the  first  time  last  summer  you  saw  Surratt  there  ? 
How  early  was  it  ? 

A.  The  first  time  he  commenced  coming  there  was  in  winter, 
and  he  kept  coming  on  and  off  until  summer  was  out,  and  after 
that  I  did  not  see  him. 

Q.    About  how  many  times  did  he  come  ? 

A.  About  a  dozen  times.  He  used  to  go  to  Virginia  and  come 
back,  and  go  to  Washington  and  come  back;  and  every  time  he 
would  come  he  would  fetch  the  news. 

Q.    Would  he  be  there  about  once  a  week  ? 

A.  Some  weeks  he  would  come  once  a  week,  and  then  again  he 
might  not  come  for  two  weeks.  Sometimes  he  would  go  to  Vir- 
ginia, and  stay  two  weeks. 

Q.  Then  he  must  have  been  there  more  than  a  dozen  times  alto- 
gether last  year  'I 

A.  Yes  :  I  reckon  he  was  more  than  a  dozen  times.  I  cannot 
tell  you  how  many  times,  there  were  so  many  of  them,  and  he 
would  keep  coming  and  coming. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.  You  have  been  asked  whether  Albion  Brooke  was  there : 
was  he  a  colored  man,  or  a  white  man  ? 

A.    A  white  man.     Dr.  Samuel  Mudd's  wife  was  his  aunt. 

Q.    Do  you  say  he  worked  there  in  the  field  ? 

A.  Yes  :  he  worked  out  in  the  field  where  the  colored  people 
were. 


THE     TRIAL.  157 

Q.  Do  you  know  any  thing  about  his  meeting  Surratt  ?  or  do 
you  only  think  he  may  have  seen  him  ? 

A.  I  do  not  know  whether  he  saw  him  or  not ;  hut  I  think  he 
may  have  seen  him.  He  was  in  the  house,  and  I  think  he  saw 
him ;  but  I  do  not  know. 

Elzee  Eglen, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  Assistant  Judge  Advocate  Bingham  : 

Q.  State  whether  you  know  Dr.  Samuel  A.  Mudd,  the  prisoner 
at  the  bar. 

A.    I  do  :  he  was  my  boss. 

Q.    Point  him  out  to  the  Court,  if  you  see  him  here. 

A.    Yonder  he  is  [pointing  to  Samuel  A.  Mudd]. 

Q.    Did  you  live  with  Samuel  A.  Mudd  ? 

A.    Yes,  sir  :    I  did. 

Q.    Were  you  a  slave  ? 

A.    Yes,  sir. 

Q.   When  did  you  leave  him  ? 

A.  I  left  him  on  the  20th  of  August,  —  the  August  before  the 
last. 

Q.  Did  he  say  any  thing  to  you  before  you  left  him  about  send- 
ing you  to  Richmond  ? 

A.  Yes,  sir  :  he  told  me  the  morning  he  shot  me  that  he  had  a 
place  in  Richmond  for  me. 

Mr.  Ewing.  I  object  to  that  question  and  the  answer,  and  I 
want  my  objection  entered. 

The  Judge  Advocate.  The  object  of  the  question  is  to  show 
disloyalty. 

-  The  Commission  overruled  the  objection. 

Q.  State  if  Dr.  Mudd  said  any  thing  to  you  about  sending  you 
to  Richmond,  and  when  it  was,  and  what  he  said. 

A.  He  told  me,  when  he  shot  me  in  the  morning,  that  he  had  a 
place  for  me  in  Richmond  when  I  should  be  able  to  go  away. 

VOL.    TI.  /  14 


158  THE     TRIAL. 

Q.  What  did  he  say  the  place  was  in  Kichmond  ?  What  were 
you  to  do  there  'i 

A.   He  did  not  say. 

Q.    When  was  that  ? 

A.   The  June  before  the  last. 

Q.  Now  state  if  you  saw  any  men  at  Mudd's  house  when  you 
were  there  ;  and  if  so,  who  they  were. 

A.  I  did  see  men  there  :  some  staid  in  the  woods.  They  would 
come  in  the  house  at  different  times,  and  sleep  in  the  woods  at 
niglit :  sometimes  one  person  would  go  into  the  house.  They  would 
go  in  at  different  times,  and  go  back  to  the  woods. 

Q,    How  far  from  Mudd's  house  did  they  stay  in  the  woods  ? 

A.   They  used  to  stay  about  a  quarter  of  a  mile  off,  I  reckon. 

Q.    Where  did  they  get  their  victuals? 

A.  I  do  not  know  where  they  got  their  victuals. 

Q.    Did  you  see  any  victuals  taken  to  them  ? 

A.   I  have  seen  victuals  going  that  way  often  enough. 

Q.    Who  was  taking  them  ? 

A.   I  saw  my  sister  carry  some, 

Q.    What  is  your  sister's  name  ? 

A.   Mary  Simms. 

Q.   When  was  that  ? 

A.   That  was  in  June  or  July. 

Q.   What  June  and  July  ? 

A.   The  June  before  this  last  one,  and  that  July. 

Q.    How  were  those  men  dressed  that  slept  in  the  woods? 

A.    Some  were  dressed  in  gray  clothes,  and  some  in  black  clothes. 

Q.    Did  you  know  any  of  the  men  ? 

A.  I  had  seen  one  of  them  before  :  they  called  him  Andrew 
Gwyun,  I  believe.     I  did  not  know  the  others. 

Q.  Do  you  know  the  uniform  or  clothing  of  rebel  soldiers  or 
prisoners  ? 

A.   Yes,  sir. 

Q.    Say  how  these  clothes  compared  with  those  of  rebels. 

A.  They  were  gray  clothes  :  they  had  on  gray  jackets,  coat-like, 
and  gray  breeches. 

Q.    Were  there  any  marks  on  them  of  any  kind  ? 


THE     TRIAL.  159 

A.   No  :  they  had  no  marks  on  them ;  only  buttons. 

Q.  Before  you  were  shot,  as  you  say,  by  Mudd,  did  you  hear 
any  conversation,  on  his  part,  as  to  sending  some  of  you,  or  some- 
body, to  Richmond? 

A.   I  did  not  hear  any  thing  about  it  before  he  shot  me. 

Q.    When  did  you  hear  that  ? 

A.   He  told  me  in  June,  after  he  shot  me ;  the  very  morning. 

Q.    Who  was  he  talking  to  then? 

A.   He  told  me  so. 

Q.    Did  he  speak  of  any  others  he  was  going  to  send  there  ? 

A.    Yes,  sir  :  he  named  four  more. 

Q.    Who  were  they  ? 

A.  He  named  Dick,  and  two  brothers  of  mine,  Sylvester  and 
Frank. 

Cross-examined  by  Mr.  Ewing  : 

Q.  Who  was  there  when  Dr.  Mudd  said  he  was  going  to  send 
you  to  Richmond  1 

A.   Nobody  but  myself  and  him  :  he  told  me  so  up  stairs. 
Q.    You  left  there  last  June  a  year  ago  ? 
A.   Yes,  sir. 

Sylvester  Eglen, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

By  Assistant  Judge  Advocate  Bingham  : 

Q.    Did  you  live  with  the  prisoner.  Dr.  Samuel  A.  Mudd  ? 

A.   I  lived  with  his  father. 

Q.  How  near  did  you  live  to  Dr.  Samuel  A.  Mudd,  the  pris- 
oner ? 

A.   About  a  quarter  of  a  mile,  I  guess. 

Q.  State  whether  you  heard  him  say  any  thing,  at  any  time, 
about  sending  men  to  Richmond ;  and  if  so,  what  he  said,  and  to 
whom  was  he  talkino;. 

A.  Last  August  a  twelvemonth  ago  I  heard  him  say  he  was 
going  to  send  me,  Elzee,  my  brother  Frank,  and  Dick  Grardner 
and  Lou  Gardner,  to  Richmond  to  build  batteries. 


160  THE     TRIAL. 

Mr.  Ewixg  objected  to  the  question  and  answer. 

The  Commission  oveiTuled  the  objection. 

Q.    To  whom  was  Dr.  Mudd  talking  at  the  time  ? 

A.    Walter  Bowie  and  Jerry   Dyer   were  in  company. 

Cross-examined  by  Mr.  Ewing  : 

Q.    "Whereabouts  did  that  conversation  take  place  ? 

A.  At  my  old  master's  front  gate,  under  the  oak-tree  where 
the  horse  was. 

Q.  Was  anybody  else  there  besides  Walter  Bowie  and  Jerry 
Dyer? 

A.  There  was  a  good  deal  of  company  there  ;  but  there  was 
not  any  more  in  company  at  the  time  this  was  passed. 

By  Assistant  Judge  Adtocate  Burnett  : 

Q.    How  soon  after  that  did  you  leave  ? 

A.  That  was  the  last  Friday  in  the  August  before  last,  and  I 
left  the  Saturday  night  following. 

Q.    How  many  more  went  away  with  you? 
A.   Forty  head  of  us  went  in  company. 

Melvina  Washington, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  x\ssiSTANT  Judge  Advocate  Bingham  : 

Q.    State  your  name  to  the  Court. 

A.    Mehdna  Washington. 

Q.  State  if  you  have  lived  with  the  prisoner,  Dr.  Samuel  A. 
Mudd. 

A.    Yes,  sir  :  I  have  lived  with  Dr.  Samuel  Mudd. 

Q.    Do  you  see  him  here  in  this  place  ? 

A.  Yes,  sh' :  there  he  is  [pointing  to  the  prisoner,  Dr.  Samuel 
A.  Mudd]. 

Q.    State  whether  you  were  his  slave. 

A.   Yes,  sn  :  I  was  his  slave. 

Q.    State  when  you  left  his  house. 


THE     TRIAL.  161 

A.    I  left  him  this  October  coming  two  years. 

Q.  State  whether,  while  you  lived  at  Dr.  Samuel  Mudd's,  you 
heard  him  say  any  thing  about  President  Lincoln. 

A.    I  heard  him  say  that  he  would  not  keep  his  seat  long. 

Q.    When  was  it  that  you  heard  him  say  that? 

A.  I  heard  him  say  it  the  summer  before  I  came  away,  —  the 
summer  before  last. 

Q.    Was  there  anybody  talking  with  him  at  the  time  he  said  that  ? 

A.  There  was  a  heap  of  gentlemen  in  the  house ;  but  I  don't 
know  who  they  were. 

Q.  How  were  the  gentlemen  that  were  in  the  house  dressed? 
Nnd  where  did  they  sleep  ? 

A.  Some  had  on  gray  clothes,  and  some  had  on  little  short 
jackets,  with  a  little  peak  to  them  behind. 

Q.    Had  they  any  uniform  about  their  clothing  ? 

A.  They  had  black  buttons.  That  was  all  the  uniform  they  had 
about  them. 

Q.    Where  did  they  sleep  ? 

A.  Sometimes  they  staid  in  the  house,  and  sometimes  they 
slept  in  the  pines. 

Q.    How  far  from  Dr.  Mudd's  home  ? 

A.   The  pines  were  not  far  from  his  spring. 

Q.    State  how  they  got  their  victuals. 

A.  Sometimes  Dr.  Mudd  would  carry  them ;  and  he  sent  them 
once  by  the  girl,  Mary  Simms.  Although  I  did  not  stay  about  the 
house,  I  happened  to  be  there  at  one  time  when  they  were  all  sitting 
down  to  dinner,  and  they  had  two  of  the  boys  watching ;  and  some 
one  come  in,  and  said  there  was  somebody  coming ;  and  these  men 
rushed  from  the  table  to  the  side-door,  and  went  to  the  spring :  but 
I  do  not  know  the  gentlemen's  names. 

Q.    Was  that  about  the  same  time  last  summer  a  year  ago? 

A.   Yes,  sir. 

Q.  Did  you  hear  him  say  any  thing  about  sending  a  man  to  Rich- 
mond ? 

Mr.  Ewing  objected  to  the  question  on  the  ground  heretofore 
stated  by  him  with  reference  to  similar  questions. 

14* 


162  THE     TRIAL. 

The  Commission  overruled  the  objection. 

A.  Yes,  sir  :  he  got  mad  at  one  of  the  men  one  day,  and  said  he 
was  ooino-  to  send  him  to  Richmond. 

Q.    What  did  he  say  he  would  send  him  to  Richmond  to  do  ? 
A.   I  did  not  hear  him  say  what  he  would  send  him  to  do. 

Cross-examined  by  Mk.  Ewing  : 

Q,  How  many  times  did  you  notice  these  men  who  staid  in 
the  woods  there  ? 

A.  I  noticed  them  several  times,  —  seven  or  eight  times.  They 
were  there  for  a  week  or  more,  and  then  went  away  somewhere.  I 
do  not  know  where  they  went ;  but  they  were  carried  away  in  the 
night. 

Q.    Do  you  know  any  of  the  names  of  them? 

A.  No,  sir  :  I  think  they  called  one  of  them,  if  I  am  not  mis- 
taken, Andrew  Gwynn ;  but  I  did  not  know  their  names  when  I 
saw  them. 

Q.    Is  there  any  other  name  that  you  recollect  ? 

A.  No,  sir :  I  do  not  recollect  of  any  other  name.  I  heard 
some  of  the  names  from  the  girl  who  staid  in  the  house,  who  used 
to  come  out  to  us,  and  talk  about  the  men  that  were  in  the  house ; 
and  she  gave  their  names  ;  but  I  do  not  know  them  at  all. 

Q.    They  were  there  together  a  week  ? 

A.    Yes,  sir,  or  more  than  that. 

By  the  Court  : 

Q.    At  one  time? 
A.    Yes,  sir. 

By  Mr.  Ewing  : 

Q.  Were  they  ever  there  at  any  other  time,  except  during  that 
week? 

A.    I  did  not  see  them  at  any  other  time. 

Q.    They  were  there  at  no  other  time  except  during  that  week  ? 

A.    No,  sir ;  at  no  other  time  except  during  that  week. 

Q.  When  you  speak  of  their  having  been  there  seven  or  eight 
times,  you  mean  seven  or  eight  times  that  week  ? 

A.    Yes,  sir ;  night  and  day. 


THE     TRIAL.  163 

Q.    What  other  people  saw  them  there  ? 

A.  The  other  woman  in  there  [the  witness-room]  saw  them,  and 
another  woman  out  there  saw  them. 

Q.  Do  you  know  what  white  persons  saw  them,  except  Dr.  Mucld 
and  his  wife  ? 

A.  I  do  not  know  of  any  other  white  people  that  saw  them,  ex- 
cept Dr.  Mudd  and  his  wife. 

Q.    Did  John  Best  see  them  ? 

A.  No,  sir.  Best  was  not  there  when  I  came  away  :  he  did  not 
stay  there  then. 

Q.    Did  any  of  the  field-hands  see  them  ? 

A.  I  do  not  know  that  any  of  the  rest  saw  them.  The  way  I 
happened  to  see  them  was  because  I  had  to  go  up  to  the  house  on 
account  of  the  milking  when  they  had  company  there. 

Q.    What  are  the  names  of  the  women  to  whom  you  referred  ? 

A.  One  is  Rachel  Spencer,  and  the  other  Mary  Simms,  who  has 
been  in  here. 

Q.    Do  you  know  of  any  other  person  who  saw  them  ? 

A.    No,  sir. 

Q.    Did  none  of  the  neighbors  see  them  there  ? 

A.   I  do  not  know  of  any. 

Q.    Whereabouts  were  the  horses  kept  ?  * 

A.  They  kept  them  in  the  stable.  They  had  a  boy  by  the,  name 
of  Milo  who  took  care  of  the  horses,  and  another  one  by  the  name 
of  Henry  ;  but  he  is  not  here. 

Q.    What  was  his  last  name  ? 

A.    He  went  by  the  name  of  Henry  Hall. 

Q.    What  time  in  the  summer  was  it  ? 

A.    I  think  near  about  August,  as  near  as  I  can  recollect. 

Q.    Last  August  a  year  agoT 

A.    Yes,  sir. 

Milo  Simjis, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

By  Assistant  Judge  Advocate  Bingham  : 

Q.    State  your  full  name. 


164  THE    TRIAL. 

A.  Milo  Simms. 

Q.    State  whether  you  have  lived  with  Dr.  Samuel  A.  Mudd. 

A.   Yes,  sir  :  I  have. 

Q.  State  whether  you  see  the  man  you  have  lived  with  here  in 
this  dock. 

A.  Yes,  sir :  there  is  the  man  I  lived  with  [pointing  to  Dr. 
Samuel  A.  Mudd,  one  of  the  accused]. 

Q.    State  to  the  Court  whether  you  were  his  slave  or  not. 

A.    Yes,  sir  :  I  was  his  slave. 

Q.    State  when  you  left  his  house,  if  at  all. 

A.    I  left  his  house  on  the  Friday  before  last  Christmas. 

Q.  State  whether  you  saw,  at  any  time  while  you  staid  at  Dr. 
Mudd's  house,  any  men  there. 

A.    Yes,  sir  :  I  saw  men  there. 

Q.    How  many  were  there  of  them? 

A.    I  saw  two  or  three  men  there. 

Q.    When  was  that? 

A.    They  were  there  last  summer. 

Q.    Where  did  the  men  stay,  —  in  the  house,  or  out  of  it  ? 

A.  Sometimes  in  the  house,  and  then  again  out  by  the  spring, 
up  among  the  bushes. 

Q.    Where  did  they  sleep  ? 

A.    In  the  bushes. 

Q.    State  whether  you  saw  their  bed  in  the  bushes. 

A.    Yes,  sir :  I  did. 

Q.    How  was  it  fixed  ? 

A.  It  was  fixed  under  a  pine-tree,  and  rails  were  laying  at  the 
head,  and  blankets  were  spread  out. 

Q.  State  where  they  got  their  victuals,  if  they  got  any,  while 
they  staid  there. 

A.    They  got  them  from  Dr.  Sam.  Mudd's. 

Q.    State  how  their  victuals  were  taken  to  them. 

A.  Sometimes  my  sister  carried  them  to  them  at  the  sprino",  and 
sometimes  he  canned  them  himself. 

Q.  When  your  sister  carried  them,  where  did  she  put  the 
victuals  ? 

A.    Down  at  the  spring. 


THE     TRIAL.  165 

Q.    Who  took  the  victuals  away  from  the  spring? 

A.  Sometimes  she  would  say  John  Surratt  took  thera,  and  some- 
times Billy  Simms. 

Q.    Who  called  him  John  Surratt  ? 

A.  I  heard  his  name  called  in  the  house.  Dr.  Sara.  Mudd's 
wife  called  him  by  that  name. 

Q.  Was  Dr.  Mudd  present  when  he  was  called  by  that  name  or 
not? 

A.    Yes,  sir :  he  was  there. 

Q.    What  sort  of  a  looking  man  was  John  Surratt  ? 

A.  He  was  a  kind  of  a  spare  man,  —  slim,  pale  face,  no  whis- 
kers. 

Q.    What  was  the  color  of  his  hair  ? 

A.  A  kind  of  light  hair;  most  like  this  man's  hair  [light 
auburn]. 

Q.  State  to  the  Court  whether,  when  John  Surratt  and  the  rest 
of  those  men  were  in  the  house,  any  thiug  was  said  by  Dr.  Mudd  to 
any  of  the  boys  as  to  what  they  should  do. 

A.  When  John  Surratt  was  in  the  house,  he  told  his  son  and 
some  of  the  children  to  stay  out  of  doors,  and  watch  to  see  who  was 
coming,  and,  if  anybody  was  coming,  to  tell  him. 

Q.  Do  you  know  whether  any  thing  was  said  about  anybody 
coming  at  any  time  when  these  men  were  in  the  house  ? 

A.    No,  sir  :  I  do  not  know  any  thing  about  that. 

Q.  How  were  these  men  that  staid  there  dressed  ?  What  sort 
of  clothes  did  they  wear  ? 

A.    Sometimes  they  had  on  plaided  gray  clothes. 

Q.    Were  there  any  stripes  on  them  ? 

A.    One  had  stripes  and  brass  buttons  on. 

Q.  State  whether  you  heard  any  talk  between  Benjamin  Gardi- 
ner and  Dr.  Samuel  A.  Mudd  about  President  Lincoln. 

A.  Yes,  sir :  I  heard  Ben.  Gardiner  tell  Dr.  Sam.  Mudd,  In 
Bean  town,  that  Abe  Lincoln  was  a  God  damned  old  son  of  a  bitch, 
and  ought  to  have  been  dead  long  ago. 

Q.    What  did  he  say  ? 

A.    Dr.  Sam.  Mudd  said  that  was  much  of  his  mmd. 

Q.    When  was  that  ? 


X 


166  THE     TRIAL. 

A.    That  was  last  fall,  about  the  planting-tobacco  time. 
Q.    What  year  ?  —  last  year,  or  the  year  before  ? 
A.    Last  year. 

Cross-examined  by  Mr.  Stone  : 

Q.    Did  you  work  in  the  house,  or  in  the  field  ? 

A.  In  the  field  ;  and  sometimes  I  was  at  the  house  to  take  the 
horses  from  the  men  who  came  there. 

Q.    You  were  generally,  though,  out  in  the  field  ? 

A.    Yes,  sir. 

Q.    How  old  are  you  ? 

A.    I  reckon  I  am  about  fourteen  years  old. 

Q.    You  do  not  know  Mr.  Surratt  yourself  when  you  see  him  ? 

A.  I  do  not  know  whether  I  would  know  him  now  if  I  saw  him ; 
but  I  would  have  known  him  then. 

Q.    Who  showed  him  to  you? 

A.  He  was  not  shown  to  me  at  all.  Dr.  Sam.  Mudd  came  out, 
and  said  to  me,  "  Take  IMr.  Surratt's  horse,  and  carry  him  to  the 
stable,  and  feed  him." 

Q.    Was  that  the  summer  before  last  ? 

A.   No,  sir ;  last  summer. 

Q.    Was  that  about  planting-tobacco  time? 

A.    Yes,  sir. 

Q.    You  only  saw  him  there  once  ? 

A.    I  saw  him  there  two  or  three  times. 

Q.    Do  you  think  you  would  know  him  now  if  you  saw  him  ? 

A.    I  do  not  know  :  I  might. 

Q.    How  many  came  there  with  him  ? 

A.    Mr.  Billy  Simms  came  there,  and  jMr.  Periy. 

Q.    Who  else? 

A.   A  man  by  the  name  of  Charley  something  :  I  forget  his  name. 

Q.  Where  was  it  that  you  heard  this  talk  between  Mr.  Ben. 
Gardiner  and  Dr.  Mudd  ? 

A.    Up  there  at  Beantown. 

Q.    How  far  is  Beantown  from  your  house  ? 

A.    I  reckon  about  three  or  four  miles. 

Q.    What  were  you  doing  up  there  that  day  ? 


THE     TRIAL.  167 

A.    I  went  there  with  him  for  some  meat. 

Q.    That  was  two  years  ago,  was  it  not  ? 

A.    No,  sir  :  it  was  last  summer,  about  planting-tobacco  time. 

Q.    Was  anybody  else  present  besides  Ben.  Gardiner  and  Dr. 
Mudd  ? 

A.    Yes,  sir :  there  was  some  more  gentlemen  in  there ;  but  I 
did  not  know  them. 

Q.    Is  Maiy  Simms  your  sister  ? 

A.   Yes,  sir. 

Q.    Was  not  Andrew  Gwynn  there  with  Surratt  ? 

A.    Not  that  I  know  of. 

Q.    You  never  saw  Andrew  Gwynn  there  with  him  ? 

A.    No,  sir :  I  only  saw  Andrew  Gwynn  at  Dr.  Sam.  Mudd's 
father's  house. 

Q.    AVho  was  with  Andrew  Gwynn  at  Dr.  Sam.  Mudd's  father's 
house  ? 

A.    Jerry  Dyer  was  there. 

Q.    Anybody  else? 

A.    Dr.  Blanford  was  there  too. 

Q.  Was  Surratt  there  when  Andrew  Gwynn  and  Jerry  Dyer 
were  there  at  old  Mr.  jMudd's  ? 

A.  Yes,  sir.  He  came  there,  and  had  a  horse  taken  out  of  a 
buggy. 

Q.    Was  that  before  or  after  the  war  commenced  ? 

A.  That  was  after  the  war  commenced.  I  did  not  leave  there 
until  the  Friday  before  Christmas. 

Q.    Do  you  say  that  was  the  Friday  before  Christmas  ? 

A.  I  say  I  was  there  until  the  Friday  before  last  Christmas,  and 
the  war  had  commenced  then. 

Q.  But  when  you  saw  Mr.  Jerry  Dyer,  Andrew  Gwjnm,  and 
John  Surratt,  at  old  JMr.  Mudd's,  that  was  last  year,  in  the 
tobacco-planting  season  ? 

A.    Yes,  sir. 

Q.    You  never  saw  them  altogether  but  that  once,  did  you? 

A.  Yes,  sir :  I  have  seen  him  "  [Surratt]  come  to  Dr.  Sam. 
Mudd's  house. 

Q.    I  mean  at  the  old  gentleman's. 


168  THE     TRIAL. 

A.  No,  sir.   ■ 

Q.  When  was  the  first  tune  you  saw  him  at  Dr.  Sam.  Mudd's? 

A.  It  was  last  summer ;  but  I  cannot  tell  you  what  time  it  was. 

Q.  When  was  the  last  time  ? 

A.  When  the  winter  was  just  coming  on. 

Q.  Who  attended  to  his  horse  when  he  was  there  ? 

A.  Dr.  Mudd  made  me  cany  him  out  to  the  stable  and  feed 
him. 

Q.  Did  he  stay  all  night  that  tkne  ? 

A.  Yes,  sir. 

Q.  Who  else  attended  to  the  horses  besides  you  ? 

A.  Another  boy  was-  there,  named  Henry ;  but  he  came  away. 

Q.  Where  is  Henry  now  ? 

A.  I  do  not  know :  I  have  not  seen  him  since  I  have  been  up 
here. 

Q.  What  was  his  other  name  ? 

A.  Henry  Hall  was  his  name. 

Q.  It  was  the  year  before  last  that  you  saw  these  men  at  the 
spring  that  made  their  bed  in  the  pines,  was  it  not  ? 

A.  No,  sir  :  it  was  last  summer. 

Q.  Was  it  not  the  summer  before  last  ? 

A.  No,  sir :  it  was  last  summer. 

William  Marshall, 

a  witness  called  for  the  prosecution,  being  duly  sworja,  testified  as 
follows :  — 

By  Assistant  Judge  Advocate  Bingham  : 

Q.    State  your  full  name. 

A.   William  Marshall. 

Q.    State  whether  you  are  a  slave,  or  a  free  man. 

A.  I  was  always  a  slave  until  here  of  late,  the  year  1863,  when 
I  got  away  from  home. 

Q.    Whose  slave  were  you  ? 

A.  I  was  bred  and  born  a  slave.  Did  belong  to  Mr.  Willie 
Jameston. 

Q.    Do  you  live  near  Dr.  Samuel  A.  Mudd? 


THE     TRIAL.  169 

A.  Yes,  sir,  of  late  ;  since  my  marriage.  I  married  iu  his 
neighborhood. 

Q.    Do  you  know  him? 

A.   Yes,  sir. 

Q.    State  to  the  Court  whether  you  see  him  here  or  not. 

A.  Yes,  sir :  there  he  is  [pointing  to  Dr.  Samuel  A.  Mudd, 
one  of  the  accused]. 

Q.  State  whether  you  know  Benjamin  Grardiner,  one  of  his 
neighbors. 

A.   Yes,  sir :  Benjamin  Gardiner  was  my  wife's  master. 

Q.  State  whether  you  heard  any  conversation  between  Benjamin 
Gardiner  and  Dr.  Samuel  A.  Mudd  about  the  rebels,  and  their  bat- 
tle with  the  Union  forces  on  the  Rappahannock. 

Mr.  Ewing  objected  to  the  question  on  the  ground  heretofore 
stated  by  him  with  reference  to  similar  questions. 

The  Commission  overruled  the  objection. 

A.  Yes,  sir  :  I  did.  On  Saturday,  soon  after  the  battle  at  the 
Rappahannock,  I  happened  to  be  at  home  :  I  had  every  other  Sat- 
urday. My  wife  was  sick  at  the  time,  and  the  doctor  had  been 
to  see  my  wife ;  and,  when  he  came  out,  Mr.  Gardiner  met  him  at 
the  corner  of  the  house,  and  said  to  him,  "  We  gave  them  hell  down 
on  the  Rappahannock!"  and  the  doctor  said,  "Yes:  we  did." 
Then  he  said,  "  Damned  if  Stonewall  ain't  the  best  part  of  a  devil ; 
I  don't  know  what  to  compare  him  to." 

Q.    Who  said  that  he  was  the  best  part  of  a  devil  ? 

A.  Ben.  Gardiner.  The  doctor  said  Stonewall  was  quite  a 
smart  one.  Then  Ben.  Gardiner  said,  "  Now  he  has  gone  around 
up  in  Maryland,  and  he  is  going  to  cross  over  on  the  Point  of  Rocks 
somewhere,"  —  he  did  say  at  that  time,  but  I  really  forget  now 
where  he  was  going  to  cross  at  the  Point  of  Rocks  ;  "  and  I  would 
not  be  the  least  surprised  if  very  soon  from  this  "  —  he  stated  at 
what  time,  but  I  forget  at  what  length  of  time  he  said  —  "he  will 
be  down  here  and  take  the  capital  of  Washington,  and  soon  have 
old  Lincoln  burnt  up  in  his  house." 

Q.    What  did  Dr.  Mudd  say  to  that  ? 

A.   He  said  he  would  not  be  the  least  surprised. 

VOL.  II.  15 


170  THE     TRIAL. 

Q.    State  whether  he  made  any  objection  to  that. 
A.   No,  su- :  he  did  not. 

Rachel  Spencer, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  Assistant  Judge  Advocate  Bingham  : 

Q.  State  to  the  Court  your  fall  name. 

A.  Rachel  S}3encer. 

Q.  State  to  the  Court  whose  slave  you  were. 

A.  Dr.  Sam.  Mudd's. 

Q.  State  to  the  Court  whether  you  see  him  here  at  the  bar  to- 
day. 

A.  There  he  is  [pointing  to  Dr.  Samuel  A.  Mudd,  one  of  the 
accused]. 

Q.  State  when  you  left  Dr.  Mudd's  house. 

A.  In  January  last. 

Q.  State  whether,  while  you  were  at  Dr.  Mudd's  house,  you  saw 
the  men  who  came  there  at  times. 

A.  Yes,  sir. 

Q.  When  was  that  ? 

A.  The  time  the  men  were  passing  through  the  country. 

Q.  State  whether  it  was  last  summer,  or  the  summer  before. 

A.  Last  summer. 

Q.  How  many  of  those  men  came  there  at  one  time? 

A.  Some  five  or  six. 

Q.  State  to  the  Court  what  sort  of  dress  they  wore. 

A.  Black  and  blue,  I  think. 

Q.  State  where  they  slept. 

A.  Some  slept  in  the  pines. 

Q.  How  far  from  Dr.  Mudd's  house? 

A.  About  twenty  yards. 

Q.  Near  his  spring? 

A.  Near  his  spring. 

Q.  State  where  they  got  their  victuals  when  they  were  there. 

A.  At  his  house. 


THE     TRIAL.  171 

Q.    Who  took  out  the  victuals  to  them,  if  they  were  taken  out  ? 

A.   He  took  them  out  himself  sometimes. 

Q.    Whom  do  you  mean  by  himself? 

A.    Dr.  Samuel  Mudd. 

Q.  Did  they  never  go  in  and  out  of  his  house  while  they  staid 
in  the  woods,  and  slept  there  ? 

A.   Yes,  sir. 

Q.  State  whether,  when  they  would  go  into  his  house,  Dr.  Mudd 
said  any  thing  to  any  of  the  servants  or  the  boys  about  what  they 
should  do. 

A.  I  was  in  the  kitchen,  cooking  ;  but  I  heard  that  they  were  to 
go  to  the  door,  and  watch  to  see  if  anybody  was  coming. 

Q.    Did  you  hear  what  they  should  say  if  anybody  should  come  ? 

A.   I  did  not  hear  him  say  that. 

Q.  Did  you  hear  the  names  of  any  of  the  men  called  in  Dr. 
Mudd's  house  ? 

A.   Andrew  Gwynn. 

Q.    Who  else? 

A.   Walter  Bowie. 

Q.    Who  else? 

A.   None  others  that  I  can  think  of. 

Q.  State  whether  you  saw  a  young  man  among  those  men  who 
visited  there. 

A.   Yes,  sir :  I  saw  a  young-looking  man  amongst  them. 

Q.    State  where  he  slept  when  he  visited  there. 

A.   He  slept  in  the  pines. 

Q.    When  was  it  that  this  young  man  was  there  ? 

A.   Last  summer,  I  think. 

Q.  State  to  the  Court  what  his  appearance  was,  as  near  as  you 
can  ;  whether  he  was  tall  or  short. 

A.   Not  very  tall. 

Q.    State  whether  he  was  slender,  or  stout  and  heavy. 

A.   He  was  slender-looking. 

Q.    State  whether  he  was  fair  or  dark. 

A.   Fair. 

Q.    Did  you  remember  what  they  called  him  in  the  house  ? 

A.  I  do  not  know. 


172  TEE     TRIAL. 

Q.  Do  you  remember  of  his  being  there  more  than  once  last 
summer  ? 

A.   I  do  not  remember  of  his  being  there  more  than  once. 

Q.  Do  you  remember  of  hearing  Dr.  Samuel  Mudd  say  any 
thing  about  Richmond  last  summer  or  the  summer  before  ? 

Mr.  Ewing  objected  to  the  question  on  the  ground  heretofore 
Btated  by  him  with  reference  to  a  similar  question. 

The  CoMsnssioN  overruled  the  objection. 

A.  I  did  hear  him  say  to  one  of  his  men  that  he  was  going  to 
send  him  down  to  Richmond. 

Q.  Did  he  say  what  he  was  going  to  send  him  to  Richmond 
to  do  ? 

A.   No,  sir  :  I  never  heard  him  say. 

Cross-examined  by  Mr.  Stone  : 

Q.  Can  you  tell  what  time  of  the  year  it  was  when  you  saw 
those  men  there  ? 

A.   It  was  last  summer. 

Q.  Was  it  in  the  beginning,  or  in  the  middle,  or  the  last,  of 
summer  ? 

A.  I  do  not  know  exactly  whether  it  was  in  the  beginning  or  the 
middle  of  summer. 

Q.    It  was  warm  weather  ? 

A.   Yes,  sir. 

Q.  Did  all  these  people  that  you  speak  of,  who  staid  out  in  the 
pines,  come  together  ? 

A.   Yes,  sir  :  they  were  together. 

Q.    Did  they  all  come  together  ? 

A.   Yes,  sir. 

Q.    Did  they  all  go  away  together  ? 

A.   Yes,  sir  :  they  went  away  from  the  house  together. 

Q.    How  long  were  they  there  about  the  spring  ? 

A.   I  believe  they  were  there  about  a  week. 

Q.    Where  were  their  horses  ? 

A.   In  the  stable. 

Q.  You  only  saw  those  parties  that  you  mention  there  that  once, 
when  they  staid  out  about  the  spring  ? 


THE     TRIAL.  173 

A.  I  saw  them  there  twice  or  three  times. 

Q.  You  saw  them  twice  or  three  times  during  that  week,  did 
you  not? 

A.  Yes,  sir. 

Q.  You  did  not  see  them  there  after  that  week  ? 

A.  I  do  not  remember  of  seeing  them. 

Q.  You  never  saw  them  there  before  that  week  ? 

A.  I  do  not  remember. 

Q.  You  say  some  of  them  were  dressed  in  black  and  blue  ? 

A.  To  the  best  of  my  knowledge,  I  think  they  were. 

Q.  Was  old  Mr.  Best  living  there  that  year  ? 

A.  Yes,  sir. 

Q.  You  are  sure  old  Mr.  Best  was  living  there  when  they  were 

there  ? 

A.  Yes,  sir :  I  think  old  Mr.  Best  was  living  there. 

Q.  Can  you  be  positive  about  that  ?     Are  you  sure  of  that  ? 

A.  To  the  best  of  my  knowledge,  I  think  old  Mr.  Best  came 

there  in  the  winter. 

Q.  The  winter  before  ? 

A.  Yes,  sir. 

Q.  Do  you  remember  whether  Mr.  Albion  Brooke  was  living 

there  then  at  the  time  these  men  were  there  ? 

A.  Yes,  sir  :  he  was  there. 

Q.  I  suppose  Mr.  Best  saw  those  people ;  did  he  not  ? 

A.  Yes,  sir. 

Q.  Mr.  Albion  Brooke  saw  them  too ;  did  he  not  ? 

A.  Yes,  sir. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.  Do  you  know  whether  Albion  Brooke  ever  saw  them  or  not? 

or  is  it  a  matter  of  supposition  on  your  part  ? 

A.  Yes,  sir  :  he  saw  them. 

Q.  Did  he  tell  you  so  ?  or  how  do  you  know  it  ? 

A.  He  used  to  go  with  them  :  they  were  always  together. 

Q.  Do  you  know  whether  old  Mr.  Best  ever  saw  them  or  not  ? 

A.  I  do  not.      I  am  not  positive  whether  he  ever  saw  them 

or  not. 

15* 


174  THE     TRIAL. 

The  Judge  Advocate  here  announced  that  the  case  on  the  part 
of  the  prosecution  was  closed,  subject  to  the  reservation  (which  was 
agreed  to  by  the  counsel  for  the  accused)  of  the  right  to  call  wit- 
nesses at  any  time  hereafter,  during  the  progress  of  the  trial,  as  to 
the  general  conspiracy  charged,  and  also  to  introduce  documentary 
evidence  as  to  the  nature,  extent,  and  character  of  the  Rebellion. 

Rev.  B.  F.  Wiget, 

a  witness  called  for  the  accused,  Mrs.  Mary  E.  Surratt,  being  duly 
sworn,  testified  as  follows:  — 

By  Mr.  Aiken  : 

Q.  State  to  the  Court  your  residence  in  this  city,  and  occupa- 
tion. 

A.  I  live  in  the  Gonzaga  College,  F  Street,  between  Ninth  and 
Tenth.     I  am  president  of  the  college. 

Q.  Are  you  acquainted  with  the  prisoner  at  the  bai-,  Mary  E. 
Surratt  ? 

A.   I  am. 

Q.    How  long  have  you  been  acquainted  with  her? 

A.  It  is  about  ten  or  eleven  years  since  I  first  became  acquainted 
with  her. 

Q.    Has  that  acquaintance  been  of  an  intimate  character  ? 

A.   I  knew  her  well. 

Q.    Are  you  acquainted  with  her  general  reputation  ? 

A.  I  always  heard  every  one  speak  very  highly  of  her  character 
as  a  lady  and  as  a  Christian. 

Q.  During  all  this  acquaintance,  has  any  thing  ever  come  to  your 
knowledge  respecting  the  lady  that  would  be  called  of  an  unchris- 
tian character  ? 

A.  No :  never. 

Q.    Are  you  acquainted  with  Louis  J.  Weichmann? 

A.  Only  slightly  :  I  have  seen  him  a  few  times.  I  am  not  so 
well  acquainted  with  him. 

Q.  Will  you  state  to  the  Court,  if,  from  your  knowledge  of  him, 
you  know  whether  he  has  ever  been  a  student  of  divinity  ? 

Assistant  Judge  Advocate  Bingham  objected  to  the  question 


.   THE     TRIAL.  175 

as  wholly  immaterial.  Wliere  a  witness  is  asked  in  regard  to  what 
his  profession  was,  apart  from  any  matter  of  criminality,  and  he 
answers  it,  even  on  cross-examination,  the  law  everywhere  says 
that  that  shall  end  it ;  and  the  reason  for  that  rule  of  law  was  this  : 
that  if  immaterial  questions  were  asked,  and  answers  obtained,  and 
the  witnesses  contradicted,  the  case  would  never  end  if  the  Court 
lived  to  be  as  old  as  Methuselah,  provided  a  succession  of  counsel 
could  be  obtained  to  keep  up  the  fire. 

Mr.  Aiken  replied  that  Mr.  Weichmann  had  stated  that  he  was 
a  student  of  divinity ;  and  that  one  reason  why  he  wished  to  go  to 
Richmond  was  for  the  purpose  of  continuing  his  theological  studies 
there,  as  he  was  studying  for  the  diocese  of  Richmond.  This  was 
not  the  only  point  on  which  he  proposed  to  impeach  Mr.  Weich- 
mann's  testimony.  The  foundation  was  laid  for  it  in  the  cross-exami- 
nation. 

Assistant  Judge  Advocate  Bingham  reminded  the  counsel 
that  there  was  one  part  of  it  not  laid  at  all.  When  the  witness 
Weichmann  was  asked  what  his  reasons  were  for  wishing  to  go  to 
Richmond,  he  objected  to  it ;  and  the  Court  sustained  the  objection, 
on  the  ground  that  the  Court  could  never  try  the  secret  purposes 
of  a  man's  mind  in  regard  to  a  matter  that  was  not  in  itself  unlaw- 
ful, and  which  was  wholly  immaterial  and  collateral. 

Mr.  Aiken  said  he  would  recall  the  recollection  of  the  learned 
Assistant  Judge  Advocate  to  the  fact,  that  the  answer  of  Mr. 
Weichmann  was  on  the  record,  that  he  was  a  student  of  divinity, 
and  that  he  desired  to  go  to  Richmond  to  continue  his  studies 
there. 

Assistant  Judge  Advocate  Bingham.  I  know  it  is  on  the 
record ;  but  the  reason  why  he  wished  to  go  was  ruled  out. 

The  Commission  sustained  the  objection. 

Q.  [By  jMr.  Aiken.]  Is  there  an  institution  in  the  city  of 
Ricbmond  for  theological  studies  ? 

Assistant  Judge  Advocate  Bingham.  I  object  to  that  ques- 
tion. What  is  the  necessity  of  inquiring  into  that?  You  might 
as  well  ask  whether  it  was  an  octagon  or  not ;  whether  it  was  two 
stories  or  forty  stories  high. 


176  TEE     TRIAL. 

Mr.  Aiken.  I  insist  on  asking  the  question.  It  can  be  over- 
ruled if  the  Court  choose  to  do  so. 

General  "Wallace.  I  should  like  to  have  the  gentleman  state 
what  he  wants  to  ask  the  question  for. 

Mr.  Aiken.  In  the  examination  of  all  the  witnesses  on  the  part 
of  the  Grovemment  in  this  case,  the  largest  latitude  was  allowed. 
Matters  not  affecting  the  prisoners  at  the  bar  were  gone  into  exten- 
sively. No  objection  was  made  to  it  by  the  counsel  for  the  accused. 
They  were  just  as  anxious  as  any  member  of  the  Court  that  this 
conspiracy  should  be  ferreted  out  to  the  very  bottom,  and  that  every- 
body proved  to  be  connected  with  it  should  suffer  its  just  punish- 
ment. Mr.  Weichmann,  one  of  the  principal  witnesses  on  the 
stand,  was  interrogated  as  to  these  points.  The  foundation  was 
laid  for  impeaching  his  credibility  as  a  witness.  These  questions  to 
the  witness  now  on  the  stand  (which  I  have  a  right  to  put)  are  for 
that  very  purpose.  In  view  of  every  thing  that  was  gone  into  on 
the  part  of  the  Government,  it  seems  a  little  strange  that  we  should 
l>e  met  on  the  very  threshold  of  the  defence  with  these  objections. 

Assistant  Judge  Advocate  Bingham.  I  desire  to  say  to  the 
Court,  without  wishing  to  delay  them,  that  we  do  not  intend  to 
object  to  any  thing  in  the  world  that  can  tend  in  any  way  to  estab- 
lish the  innocence  of  the  accused,  or  to  remove  the  weight  of  testi- 
mony— if  there  be  any  that  has  weight  —  in  evidence  against 
them ;  but  we  beg  leave  to  say  to  the  Court  that  it  is  perfectly 
clear  upon  all  principle,  and  certainly  must  be  clear  to  the  reason 
of  every  man,  that  testimony  of  this  sort  cannot  weigh  the  weight 
of  a  feather  on  the  subject  of  the  guilt  or  innocence  of  the  accused, 
or  of  the  truthfulness  of  any  witness  that  has  been  examined  in 
this  Court,  for  the  reason  that  it  is  an  issue  upon  which  this  Court 
have  no  power  to  pass  at  all.  If  the  gentleman  chose,  on  the  cross- 
examination,  to  ask  whether  this  man  wanted  to  go  to  Richmond 
or  not,  and  he  answered  it,  they  must  be  bound  by  the  answer. 
There  is  no  rule  of  law  clearer  than  that  on  a  collateral  question, 
which  does  not  touch  the  guilt  or  innocence  of  the  accused,  in  any 
way  they  are  bound  by  the  answer.  It  ends  the  question.  They 
have  got  it.  It  is  not  worth  any  thing  against  the  accused,  and  not 
worth  much  for  her,  in  my  judgment. 


THE     TRIAL.  177 

General  Wallace.  The  witness  Weichmann  did  not  state  that 
there  was  a  theological  academy  or  any  thing  of  that  kind  in  Rich- 
mond. 

Mr.  Aiken.  He  said  he  belonged  to  that  diocese,  and  wanted 
to  go  to  that  diocese  to  finish  his  studies. 

The  Judge  Advocate.  He  said  nothing  about  a  theological 
school  there.  He  said  he  wished  to  go  there  for  the  purpose  of 
continuing  his  theological  studies. 

Mr.  Aiken.  The  inference  was,  if  he  was  going  to  complete  his 
theological  studies,  that  there  was  a  school  there. 

Assistant  Judge  Advocate  Bingham.  You  do  not  propose  to 
contradict  inferences,  I  suppose  ? 

Mr.  Aiken.    It  is  not  an  inference,  either. 

The  Judge  Advocate.  Even  if  he  had  made  the  statement, 
the  decision  which  the  Court  has  just  made  would  meet  the  ques- 
tion precisely. 

General  Wallace.  I  understood  the  object  of  the  counsel  to 
be,  to  impeach  not  only  the  witness  for  the  Government,  but  also 
the  fairness  of  the  Court. 

Mr.  Aiken.  No,  sir :  only  the  witness ;  not  the  fairness  of  the 
Court  at  all.  I  have  no  reason  to  complain  of  that.  None  of  us 
have  had. 

]Mr.  Clampitt.  May  it  please  the  Court,  I  put  that  question  to 
Mr.  Weichmann,  when  on  the  stand,  in  reference  to  his  desire  to  go 
to  Richmond ;  and  the  learned  Assistant  Judge  Advocate  objected 
to  it.  Knowing  that  we  would  hereafter  impeach  his  testimony,  I 
put  that  question  to  him  at  that  time  in  order  to  lay  the  foundation 
for  that  impeachment.  It  seemed  to  me  to  be  very  strange  that  a 
man  who  professed  to  be  a  loyal  man,  and  in  the  employ  of  Gov- 
ernment, should  wish  to  go  to  Richmond  to  finish  his  theological 
studies,  when  theological  text-books  had  been  cast  aside  for  gun- 
barrels  and  gunpowder,  and  he  was  in  a  beleaguered  city. 
^  Assistant  Judge  Advocate  Bingham.  I  will  read  one  authority 
on  this  subject.  I  should  be  ashamed  to  make  a  statement  about  a 
matter  of  this  sort,  which  is  so  plain,  without  knowing  that  what  I 
said  was  true.  I  read  from  Wharton's  "American  Criminal  Law," 
page  434,  section  817  :  — 


178  THE     TRIAL. 

**  The  credit  of  a  witness  may  be  impeached  by  proof  that  he  has 
made  statements  out  of  court  contrary  to  what  he  has  testified  at  the 
trial.  But  it  is  only  in  such  matters  as  are  relevant  to  the  issue 
that  the  witness  can  be  contradicted.  Therefore  a  witness  cannot  be 
examined  as  to  any  distinct  collateral  fact  irrelevant  to  the  issue  for 
the  purpose  of  impeaching  his  testimony  afterwards  by  contradicting 
his  statements." 

I  think  that  is  middling  plain.  K  there  is  any  thing  irrelevant 
in  the  world,  it  is  whether  Mr.  Weichmann  wanted  to  go  to  Richmond 
to  prosecute  his  studies.  That  he  wanted  to  go  there,  he  has  proved 
himself,  if  they  will  believe  it.  Now  it  is  proposed  to  contradict 
him  ;  to  show  that  he  did  not  want  to  go  there,  I  suppose.  That,  I 
presume,  if  any  thing,  would  be  to  his  credit ;  but  I  object  to  it 
because  it  is  in*elevant,  and  forbidden  by  law. 

Mr.  Aiken.  We  have  abundant  proof  of  what  he  wished  to  go 
there  for.     We  will  state  that  afterwards. 

Assistant  Judge  Advocate  Bingham.  You  cannot  prove  any 
such  thing. 

The  Commission  sustained  the  objection. 

Q.    [By  Mr.  Aiken.]     In  your  acquaintance  with  Mrs.  Surratt, 
have  you  ever  learned  any  thing  of  defective  eyesight  on  her  part  ? 
A.   No  :  I  have  not. 

Cross-examined  by  the  Judge  Advocate  : 

Q.  You  say  you  have  personal  knowledge  of  her  general  charac- 
ter as  a  Christian  ? 

A.   Yes,  sir :  I  have. 

Q.  Have  you  any  personal  knowledge  of  her  character  for 
loyalty  ? 

A.  No.  My  visits  were  all  short ;  and  political  affairs  did  not 
come  up  in  those  visits. 

Q.  Have  you  had  intercourse  with  her  as  her  pastor  during  this 
Kebellion  ? 

A.  I  was  not  her  pastor.  Years  ago,  she  had  two  sons  with  me ; 
and  it  was  in  that  way  that  I  first  knew  her. 

Q.  How  often  have  you  been  in  the  habit  of  seeing  her  during 
the  Tcebellion. 


THE     TRIAL.  179 

A.  For  the  last  six  months,  maybe  once  in  six  weeks,  and  may 
be  once  a  week. 

Q.    Have  you,  in  meeting  her,  had  free  conversation  with  her? 

A.  As  I  said,  my  conversation  would  be  only  for  a  few  minutes, 
and  my  visits  would  be  such  as  my  visits  generally  are,  —  short,  and 
with  the  ordinary  common  talk. 

Q.  Have  you  ever  heard  her,  in  all  of  your  conversations  since 
the  beginning  of  the  Rebellion  to  this  time,  utter  one  loyal  senti- 
ment ? 

A.   I  do  not  remember. 

Q,  Will  you  state  whether  it  is  not  notorious,  among  those  who 
knew  any  thing  of  her,  that  she  is  intensely  disloyal  ? 

A.  I  do  not  remember  that  anybody  talked  about  her  before  this 
last  affair  happened. 

Rev.  Francis  E.  Boyle, 

a  witness  called  for  the  accused,  Mrs.  Mary  E.  Surratt,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Aiken  : 

Q.  State  to  the  Court  your  residence  in  this  city,  and  occupa- 
tion. 

A.  My  residence  is  at  St.  Peter's  Church.  I  am  a  Catholic 
priest. 

Q.  Are  you  acq^uainted  with  Mary  E.  Surratt,  the  prisoner  at 
the  bar  ? 

A.   I  have  some  acquaintance  with  her. 

Q.    How  long  have  you  been  acquainted  with  her? 

A.  I  think  I  made  her  acquaintance  some  eight  or  nine  years 
ago. 

Q.  Has  that  acquaintance  been  of  an  intimate  character  some- 
what ? 

A.   No,  sir  :  I  have  met  her,  casually,  three  or  four  times  since. 

Q.   Do  you  know  any  thing  of  her  general  reputation  ? 

A.  I  have  heard  her  always  well  spoken  of  as  an  estimable  lady, 
and  never  heard  any  thing  to  her  disadvantage. 

Q.  In  all  your  intercourse  with  her,  have  you  ever  heard  her 
utter  disloyal  sentiments  ? 


180  THE     TRIAL. 

A.   Never,  sir. 

Cross-examined  by  the  Judge  Advocate  : 

Q.    Have  you  ever  heard  her  utter  loyal  sentiments? 

A.   I  never  heard  much  of  her  sentiments  at  all. 

Q.  You  say  you  have  been  in  conversation  with  her  only  three 
or  four  times  ? 

A.   At  large  intervals. 

Q.  You,  therefore,  do  not  undertake  to  say  what  her  general 
reputation  for  loyalty  is,  do  you  ? 

A.    I  do  not. 

Rev.  Charles  H.  Stonestreet, 

a  witness  called  for  the  accused,  Mrs.  Mary  E.  Surratt,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Aiken  : 

Q.    Will  you  state  to  the  Court  your  residence  and  occupation  ? 

A.  I  reside  for  the  present  in  Washington.  I  am  the  pastor  of 
St.  Aloysius  Church  in  this  city. 

Q.  Are  you  acquainted  with  Mary  E.  Surratt,  the  prisoner  at 
the  bar  ? 

A.   I  am  acquainted  with  her. 

Q.    How  long  have  you  been  acquainted  with  her? 

A.  I  first  became  acquainted  with  her  about  twenty  years  ago, 
during  the  first  years  of  my  mission,  when  I  was  in  Alexandria.  It 
was  on  an  official  call  that  I  became  acquainted  with  her ;  I  think, 
to  see  her  mother-in-law. 

Q.  Has  the  acquaintance  since  that  time  been  of  a  somewhat 
intimate  character? 

A.  It  was  interrupted.  I  did  not  see  her  again  for  about  two 
years,  and  then  only  occasionally  and  transiently.  In  passing 
through  the  country,  I  called  at  her  place,  —  Surrattsville,  I  believe 
it  is  called. 

Q.  Have  you  lately,  within  a  year  or  two  past,  been  more  inti- 
mate with  her? 

A.   I  have  not :  I  have  scarcely  seen  her. 


THE     TRIAL.  181 

Q.  So  far  as  you  know,  what  is  her  general  reputation  as  a 
Christian  lady  ? 

A.   I  always  looked  upon  her  as  a  proper  Christian  matron. 

Q.  Have  you,  in  all  your  intercourse  with  her,  ever  heard  her 
utter  disloyal  sentiments  ? 

A.  Never:  there  was  no  question  of  it  at  the  time  I  was 
acquainted  jsvith  her. 

Q.  Had  Mrs.  Surratt,  so  far  as  you  know,  been  a  generous  per- 
son, —  kind  to  the  poor? 

Assistant  Judge  Advocate  Bingham  objected  to  the  question. 
The  question  was  waived. 

Cross-examined  by  the  Judge  Advocate  : 

Q.  Will  you  state  how  often  you  have  probably  seen  her  since 
the  commencement  of  the  Rebellion  ? 

A.  I  do  not  remember  of  having  seen  her  —  I  may  have  seen 
her  transiently  —  since  the  commencement  of  the  Rebellion, 

Q.  You  have  no  knowledge,  then,  whatever  of  her  character  for 
loyalty  since  the  Rebellion  commenced  ? 

A.   Nothing  but  what  I  have  read  in  the  papers. 

Mrs.  Eliza  Holahan, 

a  witness  called  for  the  accused,  Mrs,  Mary  E.  Surratt,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Aiken  : 

Q.  Are  you  acquainted  with  Mrs.  Surratt,  the  prisoner  at  the 
bar? 

A.  I  boarded  with  Mrs.  Surratt  from  the  7th  of  Febraary  until 
after  the  assassination  of  the  President,  —  two  days  afterwards. 

Q.    Are  you  acquainted  with  the  prisoner  at  the  bar,  Mr.  Payne  ? 

A.  I  never  heard  of  him  as  Mr.  Payne ;  I  saw  him  at  Mrs.  Sur- 
ratt's  twice,  and  he  called  himself  Wood. 

Q.    When  did  he  first  come  to  Mrs.  Surratt's? 

A.  I  think,  when  I  first  saw  him,  it  was  early  in  February.  The 
second  time,  I  think,  was  during  the  month  of  March. 

VOL.   II.  16 


182  THE     TRIAL. 

Q.  State  to  tbe  Court  under  what  circumstances  lie  came  to  Mrs. 
Surratt's  house. 

A.   Indeed,  I  do  not  know  the  circumstances. 

Q.   How  did  he  introduce  himself? 

A.  I  do  not  know  any  thing  about  it.  The  first  time  I  saw  him 
I  went  into  the  parlor,  and  he  was  sitting  in  the  parlor ;  and  I  was 
introduced  to  him  as  I\Ir.  Wood.  I  never  exchanged  ,a  word  with 
him  on  either  visit. 

Q.  Was  he  representing  himself  at  that  time  as  a  Baptist 
preacher  ? 

A.  I  asked  Miss  Anna  who  he  was ;  and  she  said  he  was  a  Mr. 
Wood,  a  Baptist  minister.  I  said  I  did  not  think  he  would  convert 
many  souls :  he  did  not  look  as  if  he  would. 

Q.  The  first  time  he  came,  how  long  did  he  remain  at  Mrs.  Sur- 
ratt's  house  ? 

A.   I  never  saw  him  but  the  one  night. 

Q.    He  remained  there  one  night  ? 

A.   One  night. 

Q,    Did  Mrs.  Surratt  keep  a  boarding-house? 

A.  I  do  not  think  she  kept  a  boarding-house.  There  was  only 
my  family  and  another  young  lady  that  boarded  there. 

Q.  Was  she  ever  in  the  habit  of  giving  people  rooms  in  her 
house  for  a  short  time  ? 

A.  I  do  not  know  any  thing  about  it.  I  never  saw  Mrs.  Surratt 
before  I  went  to  board  with  her,  and  never  heard  of  her. 

Q.    How  long  did  Payne  stay  there  when  he  came  in  JVIarch? 

A.   I  do  not  know ;  two  or  three  days,  I  think. 

Q.  When  was  the  last  time  that  you  saw  him  at  ]Mrs.  Surratt's 
house  ? 

A.   It  was  some  time  in  March  :  I  do  not  know  when. 

Q.    You  have  no  means  of  fixing  the  exact  date  ? 

A.  I  have  not.  I  never  thouo-ht  of  it  at  all.  I  thoupjht  he  was 
a  friend  of  theirs.     I  never  asked  any  questions  about  it. 

Q.  Can  you  recollect  whether  it  was  near  the  fii-st  or  the  middle 
of  the  month  ? 

A.   Indeed,  I  do  not  know  whether  it  was  or  not ;  but  I  think  it 


THE     TRIAL.  183 


was  about  the  middle  of  the  month.     It  was  after  the  inauguration 
of  the  President,  I  know. 

Q.    Have  you  ever  seen  the  prisoner  Atzerodt  at  her  house  ? 

A.  Yes,  sir :  I  have.  I  never  heard  of  him  by  the  name  of 
Atzerodt. 

Q     When  was  he  there  ? 

A.  I  do  not  know  when  he  was  there.  I  saw  him  come  in  at 
times.  He  dined  there  once  or  twice  while  I  was  there.  I  never 
heard  of  him  by  the  name  of  Atzerodt.  I  never  knew  what  his 
name  was.  He  called  himself  Port  Tobacco  while  he  was  there ; 
and  the  ladies  called  him  Port  Tobacco. 

Q.  Wei-e  any  objections  made  on  the  part  of  any  member  of 
the  family  to  his  being  there  ? 

A.  Yes :  I  heard  Mrs.  Surratt  say  she  objected  to  Mr.  Atzer- 
odt ;  she  did  not  like  him. 

Q.    And  did  not  wish  him  to  come  there  ? 

A.  I  do  not  know  about  his  coming  there  ;  but  she  would  not 
board  him.  I  heard  her  say  at  the  table  that  she  would  rather  he 
would  not  come  there  to  board. 

Q.  Have  you  been  intimate  with  Mrs.  Surratt  since  you  have 
been  there  ? 

A.  No,  sir :  I  cannot  say  intimate.  I  liked  her  very  much : 
she  was  a  very  kind  lady  to  board  with ;  but  I  was  not  intimate  with 
her.     I  was  more  intimate  with  her  daughter  than  I  was  with  her. 

Q.    Did  you  have  frequent  conversations  with  Mrs.  Surratt  ? 

A.   No,  sir  :  not  very. 

Q.  In  all  the  time  you  boarded  in  her  house,  did  you  ever  hear 
Mrs.  Surratt  say  any  thing  with  reference  to  the  existence  of  a  con- 
spiracy to  assassinate  the  President  ? 

Assistant  Judge  Advocate  Bingiiam  objected  to  the  question. 
The  law  so  hedges  about  this  matter  of  crime,  that  those  who  are 
charged  with  crime  are  never  permitted  on  their  own  motion  to 
prove  their  random  declarations  to  third  persons,  because,  if  it  were 
so,  the  greatest  criminal  that  ever  cursed  the  earth  and  disgraced 
our  common  humanity  could  make  an  abundant  amount  of  testi- 
mony out  of  the  mouth  of  the  most  truthful  people  on  the  planet. 

Mr.  Aiken  replied,  that  if  the  witness  had  heard  Mrs.  Sui-ratt 


184  THE     TRIAL. 

make  any  remarks  witli  reference  to  a  conspiracy,  and  disclosed  to 
her  any  knowledge  of  that  fact,  it  would  be  valuable  evidence  on 
the  part  of  the  Government ;  and  it  would  be  just  as  valuable  to 
the  defence  if  she  did  not. 

The  question  was  waived. 

Q.  [By  Mr.  Aiken.]  Were  you  acquainted  with  J.  Wilkes 
Booth,  the  actor? 

A.  I  have  seen  him  at  Mrs.  Surratt's.  I  met  him  once  in  the 
parlor. 

Q.    Did  he  come  frequently  to  Mrs.  Surratt's  house  ? 

A.  I  never  saw  Mr.  Booth  more  than  three  or  four  times.  I 
never  met  him  but  once. 

Q.  When  he  called  at  the  house,  did  he  spend  most  of  his  time 
there  in  company  with  Mrs.  Surratt  ? 

A.  Yes,  sir  :  I  believe  he  did.  He  used  to  ask  for  Mr.  John 
Surratt.  as  I  understood  ;  and,  if  he  was  not  there,  for  Mrs.  Surratt. 

Q.  Did  you  learn  any  thing,  while  you  were  boarding  with  Mrs. 
Surratt,  of  defective  eyesight  on  her  part  ? 

A.   I  have  heard  Mrs.  Surratt  state  — 

Assistant  Judge  Advocate  Bingham.  You  need  not  say  what 
she  stated. 

A.   I  never  saw  her  read  or  sew  after  candle-light. 

Q.  Have  you  been  in  the  habit  of  attending  church  with  Mrs. 
Surratt  ? 

A.   We  went  to  church  during  Lent  very  often  together. 

Q.  Has  she,  dui-ing  this  time,  been  constant  in  her  religious 
duties  ? 

A.   Yes,  sir :  I  believe  she  was. 

Q.  When  was  the  last  time  that  you  saw  her  son,  John  H.  Sur- 
ratt, at  her  house  ? 

A.  I  have  not  seen  Mr.  Surratt  since  some  time  in  March,  I 
think  it  was,  when  he  was  home. 

Q.    Have  you  seen  him  in  the  city  since  that  time  ? 

A.   I  have  not  seen  him  in  the  city. 

Cross-examined  by  the  Judge  Advocate  : 

Q.    You  say  you  never  saw  Mrs.  Surratt  sew  or  read  after  dark  ? 


THE     TRIAL,  185 

A.  No,  sir :  I  never  saw  her  sew  or  read  after  dark. 

Q.  Have  you  not  often  met  her  in  the  parlor  by  gaslight  ? 

A.  Yes,  sir. 

Q.  Did  she  ever  seem  to  have  any  difficulty  in  recognizing  you  ? 

A.  No,  sir. 

Q.  Nor  anybody  else  in  the  house  with  whom  she  was  acquaint- 
ed? 

A.  I  never  heard  of  it. 

Miss  Honora  Fitzpatrick 
recalled  for  the  accused,  Mrs.  IMary  E.  Surratt. 
By  Mr.  Aiken  : 

Q.    When  did  you  first  commence  to  board  at  Mrs.  Surratt's  ? 

A.   On  the  6th  of  October  last. 

Q.    How  long  did  you  board  there  ? 

A.  I  boarded  there  from  the  6th  of  October  until  the  time  I  was 
arrested. 

Q.  When  did  you  first  meet  at  Mrs.  Surratt's  the  prisoner  at 
the  bar,  Mr.  Payne  ? 

A.  I  do  not  know  when  I  first  met  him.  The  first  time  I  met 
him  was  at  breakfast  in  the  morning.  That  was  the  first  time  I 
ever  saw  him. 

Q.    In  what  month  was  that? 

A.   I  do  not  know. 

Q.    Was  it  in  March  or  April  ? 

A.  I  do  not  know  when  it  was.  I  know  it  was  during  the 
winter. 

Q.    How  many  times  did  you  meet  him  there  ? 

A.   I  have  only  seen  him  there  twice. 

Q.    When  was  the  last  time  you  saw  him  there  ? 

A.   The  last  time  was  in  March. 

Q.   How  long  did  he  stay  there  that  time  ? 

A.   I  do  not  know.     I  started  for  Baltimore  the  next  morning. 

Q.    How  long  did  you  stay  in  Baltimore  ? 

A.   I  remained  in  Balthnore  a  week. 

Q.    Was  Payne  gone  when  you  returned  ? 
16* 


186  THE     TRIAL. 

A.   Yes,  sir. 

Q.    Do  you  know  the  prisoner  at  the  bar,  Atzerodt  ? 

A,   Yes,  sir. 

Q.    When  did  he  first  come  to  Mrs.  Surratt's  ? 

A.  I  do  not  know.  I  do  not  know  the  month,  nor  the  date  of 
the  month,  when  he  came. 

Q.  Did  you  learn  whether  he  was  welcome  at  Mrs.  Surratt's  or 
not,  or  whether  he  was  disagreeable  ? 

Assistant  Judge  Advocate  Bingha3i  objecting  to  the  question, 
it  was  varied,  as  follows  :  — 

Q.  Are  you  acquainted  with  the  fact  of  his  being  sent  away  at 
any  time,  or  that  he  was  to  be  sent  away  ? 

Assistant  Judge  xIdvocate  Bingham  objected  to  any  question 
of  the  sort. 

The  question  was  waived. 

Q.    How  long  did  Atzerodt  stay  there  ? 

A.   He  only  staid  there  for  a  short  time. 

Q.  Can  you  state  any  of  the  circumstances  of  his  leaving,  or 
under  what  circumstances  he  left  ? 

A.    I  suppose  that  Mrs.  Surratt  sent  him  away. 

Assistant  Judge  Advocate  Bingham.  You  need  not  state  sup- 
positions. 

Q.  [By  Mr.  Aiken.]  Do  you  know  any  thing  of  the  circum- 
stances of  his  going  away  ? 

A.    No  :  I  do  not  know  any  thing  about  his  leaving. 

Q.  Are  you  aware  that  he  got  drunk  in  the  house,  and  made  a 
disturbance  ? 

A,    No,  sir  :  I  heard  that  he  had  bottles  up  there  ;  but  I  do  not 
know  any  thing  about  his  getting  di-unk. 
'    Q,    What  room  did  you  occupy  in  the  house  ? 

A.   I  slept  in  the  same  room  with  Mrs.  Surratt. 

Q.    And  with  her  daughter,  Miss  Surratt  ? 

A.   Yes,  sir :  we  all  three  slept  in  there  for  a  time. 

Q.    Was  the  photograph  of  Booth  in  that  room  ? 

A.    Yes,  sir. 

Q.    Was  it  your  photograph  ? 


THE     TRIAL,  187 

A.    No,  sir :    the  one  in  that  room  was  not  mine. 

Q.  [Submitting  to  the  witness  the  photograph  in  a  frame, 
marked  Exhibit  No.  57.]     Have  you  ever  seen  that  before  ? 

A.    Yes,  sir. 

Q.    Was  that  yours  ? 

A.   No,  sir  :  it  did  not  belons  to  me. 

Q.    To  whom  did  it  belong  ? 

A.   It  belonged  to  Mrs.  Sun-att's  daughter. 

Q.  Did  you  know  any  thing  of  a  photograph  being  placed  be- 
hind this  ? 

A.  No,  sir  :  I  do  not  know  any  thing  about  that  at  all.  I  think 
the  frame  was  on  the  mantle-piece ;  but  I  do  not  know  any  thing 
about  it. 

Q.  Did  you  yourself  own  many  of  the  photogi-aphs  that  were 
there  ? 

A.   No,  sir. 

Q.    Did  you  own  any  of  them  ? 

A.   Yes,  sir :  I  owned  some  that  were  in  an  album. 

Q.    Were  there  photographs  of  Union  generals  in  the  house  ? 

A.   I  saw  one  there  of  McClellan,  I  think. 

Q.  While  you  were  in  the  house,  did  you  learn  any  thing  of 
defective  eyesight  on  the  part  of  Mrs.  Surratt  ? 

A.    I  heard  Mrs.  Surratt  talking  about  it  herself. 

Q.    Do  not  state  what  Mrs.  Surratt  stated,  but  what  you  know. 

A.  I  know  she  could  not  read  at  nights,  or  sew,  on  account  of 
her  sight. 

Q.    Are  you  acquainted  with  Louis  J.  Weichmann  ? 

A.   Yes,  sir. 

Q.    Was  he  treated  as  a  friend  in  the  house  ? 

A.   I  think  he  was  treated  more  like  a  son. 

Q.    What  was  the  last  time  you  saw  Mr.  Booth  there  ? 

A.   The  last  time  I  saw  Mr.  Booth  there  was  on  a  Monday. 

Q.    On  the  Monday  before  the  assassination  ? 

A.   Yes,  sir :  I  think  it  was  the  Monday  before. 

Q.    What  time  did  you  see  John  Surratt  there  last? 

A.   I  saw  John  Surratt  the  night  he  left  home. 

Q.    When  did  he  leave  ? 


188  THE     TRIAL. 

A.  He  was  gone  two  weeks  before  the  assassination, — he  had 
been  gone  two  weeks  when  that  happened. 

Q.  Did  you  ever  see  him  anywhere  in  the  city  during  those  two 
weeks  ? 

A.   I  never  saw  him  after  that  night. 

Q.    Did  you  ever  buy  any  photographs  of  Booth? 

A.   Yes,  sir. 

Q.    Did  you  take  them  to  the  house  ? 

A.    I  bought  one. 

Q.    And  took  one  there? 

A.  Yes,  sir. 

Q.    Did  you  give  one  to  Anna  ? 

A.   She  bought  one  herself. 

Q.  Do  you  recollect  of  meeting  Mrs.  Kirby  on  the  street  at  one 
time  when  you  were  walking  with  Mrs.  Surratt  ? 

A.  I  do  not  know  :  I  may  have  met  her.  I  have  been  out 
with  Mrs.  Surratt  several  times. 

Q.  You  do  not  recollect  one  particular  instance  of  meeting  Mrs. 
Kirby  when  you  were  with  Mrs.  Surratt  ? 

A.    No,  sir  :  I  do  not  remember. 

Q.  Have  you  ever  known  Mrs.  Surratt  to  be  unable  to  recog- 
nize persons  at  once  in  the  street,  —  people  of  her  acquaintance  ? 

A.  I  remember  once  passing  JVIrs.  Kii'by,  and  she  did  not  see 
her  at  all. 

Q.   Was  Mrs.  Kirby  walking  on  the  same  side  of  the  street? 

A  Yes,  sir. 

Cross-examined  by  the  Judge  Advocate  : 

Q.  Did  you  ever  know  Mrs.  Surratt  to  have  any  difficulty  in 
recognizing  her  friends  in  the  parlor  by  gaslight  ?  Did  she  always 
recognize  you  ? 

A.    Yes,  sir. 

Q.  You  spoke  of  your  owning  some  of  the  photographs  :  did 
you  own  the  photographs  of  Stephens  and  Beauregard  and  Davis  ? 

A.    No,  su* :  they  did  not  belong  to  me. 


THE     TRIAL.  189 

GrEOKGE   H.    CaLVERT, 

a  witness   called   for  the  accused,  Mary  E.  Surratt,  being  duly 
sworn,  testified  as  follows  ;  — 

By  Mr.  Aiken  : 

Q.    Where  do  you  reside  ? 

A.   Near  Bladensburg. 

Q.  Are  you  acquainted  with  Mrs.  Surratt,  the  prisoner  at  the 
bar? 

A.    Yes,  sir. 

Q.    Have  you  ever  transacted  any  business  for  her  ? 

A.   Not  for  her. 

Q.  State  whether  or  not  you  addressed  a  letter  to  Mrs.  Surratt 
during  the  month  of  April  last. 

A.   I  addressed  a  letter  to  Mrs.  Surratt  in  May. 

Q.    This  last  May? 

A.  Yes,  sir ;  on  the  12th  of  May. 

Q.    Are  you  certain  that  it  was  the  month  of  May  ? 

A.  I  addressed  her  a  letter  about  that  time.  I  addressed  more 
than  one  letter  to  her;  and  the  last  one  was  on  the  12th  of  May. 

Q.    This  present  month  ? 

A.   I  think,  upon  reflection,  it  was  the  12th  of  April. 

Q.    Did  you  address  a  business  letter  in  the  month  of  April  ? 

A.    Yes,  sir. 

Q.   Now  state  the  date  again. 

A.  After  reflection,  I  remember  that  it  was  on  the  12th  of  April, 
instead  of  this  month.  I  addressed  her  a  letter  in  connection 
with  — 

Assistant  Judge  Advocate  Burnett.  You  need  not  state  the 
contents  of  the  letter. 

By  Mr.  Aiken  : 

Q.    Did  you  meet  Mrs.  Surratt  a  day  or  two  after  that  ? 
A.    No,  sir. 

Mr.  Aiken  called  upon  the  Government  for  the  production  of 
the  letter. 

Assistant  Judge  Advocate  Burnett  stated  that,  the  proper 


190  ,  THE     TRIAL. 

notice  being  given,  the  letter  would  be  produced  if  it  was  in  the 
possession  of  tbe  Government. 

]Mr.  Aiken  suspended  the  further  examination  of  the  witness 
until  it  could  be  seen  whether  the  letter  would  be  produced. 

B.    F.    GWYNN, 

a  witness  called  for  the  accused,  Mary  E.  Surratt,  being  duly  sworn, 
testified  as  follows  :  — 

By  Mr.  Aiken  : 

Q.    Where  do  you  reside  ? 

A.   In  Prince  George's  County,  Md.,  near  Surrattsville. 

Q.  Are  you  acquainted  with  the  prisoner  at  the  bar,  Mrs.  Sur- 
ratt? 

A.  Yes,  sir. 

Q.    How  long  have  you  been  acquainted  with  her  ? 

A.   Seven  or  eight  years. 

Q.    Were  you  present  at  her  house  at  Surrattsville  in  April  last  ? 

A.  I  do  not  recollect  the  date  ;  but  it  was  the  day  of  the  murder 
of  the  President.  It  was  Friday  :  I  came  from  Marlborough,  and 
met  her  there.  As  I  was  passing  in  my  buggy,  some  one  hailed 
me  and  said  Mrs.  Surratt  wanted  to  see  me.  1  stopped  to  see  her 
in  the  tavern. 

Q.    Have  you  been  in  the  habit  of  transacting  business  for  her  ? 

A.  Yes,  sir  :  I  have  transacted  some  business  for  her  relative  to 
the  sale  of  some  lands  her  husband  had  sold  to  Mr.  Nothe. 

Q.    Did  you  transact  any  business  for  her  that  day? 

A.   No,  sir.     She  gave  me  a  letter  to  give  to  Mr.  Nothe. 

Q.    Were  you  present  at  the  house  when  Mr.  Lloyd  returned? 

A.   No,  sir. 

Q.    Are  you  acquainted  with  John  M.  Lloyd  ? 

A.   Yes,  sir  :  I  know  him. 

Q.    Had  you  met  him  that  day  ? 

A.    Yes,  sir. 

Q.    Where  did  you  meet  him? 

A.  In  Marlborough. 


THE     TRIAL.  19t 

Q.  What  time  in  the  afternoon  of  that  Friday  did  you  last  see 
him? 

A,  I  judge  it  was  about  four  o'clock,  or  half-past  four,  that  I 
parted  with  him  on  the  road.     I  did  not  see  him  afterwards. 

Q.    What  was  his  condition  at  that  time  ? 

A.   He  had  been  drinking  right  smartly. 

Q.    Would  you  call  him  very  drunk  ? 

A.   He  was  not  very  drunk  :  he  had  been  drinking  right  smartly. 

Q.    Did  he  seem  to  be  considerably  intoxicated? 

A.  Well,  I  could  hardly  tell  that.  He  acted  like  a  man  that 
had  drunk  some. 

Q.  Have  you  any  personal  knowledge  of  the  fact  of  Mr.  Nothe's 
buying  lands  of  Mrs.  SuiTatt  ? 

A.  I  have  a  personal  knowledge  of  his  buying  them  from  her 
husband,  Mr.  Sun-att :  I  was  privy  to  the  transaction. 

Q.  Did  you  learn  from  your  own  knowledge  that  she  was  present 
there  that  day  on  that  business  ? 

A.   Not  except  the  letter. 

Q.  Was  Mr.  Lloyd  present  at  the  time  iMrs.  Surratt  handed  you 
the  letter? 

A.   No,  sir. 

Q.    Did  you  see  him  again  that  afternoon? 

A.   Not  after  I  parted  with  him  in  the  road. 

Cross-examined  by  the  Judge  Advocate  : 

Q.    Did  you  have  any  conversation  with  Mr.  Lloyd  on  that  day? 

A.  I  reckon  I  had.  I  saw  him  in  Marlborough  several  times 
during  the  day.  I  did  not  see  him  after  he  got  home.  I  was  on 
the  road  with  him  coming  from  Marlborough. 

Q.    Did  you  have  conversation  with  him  on  the  road  ? 

A.  No,  sir  :  I  had  no  conversation  with  him.  I  was  on  the  road 
with  him ;  I  in  my  buggy,  and  he  in  his. 

By  the  Court  : 

Q.  How  far  is  it  from  where  you  parted  with  him,  on  the  road, 
to  SuiTattsville  ? 

A.   I  should  think,  about  five  miles. 

Q.    Do  you  remember  the  houi-  at  which  you  parted  from  him  ? 


192  THE     TRIAL. 

A.  I  do  not  positively  :  but  I  should  judge,  from  tlie  time  I  got 
home,  that  it  was  about  half-past  four  or  five  o'clock :  I  think, 
half-past  four. 

Q.    Within  five  miles  of  Surrattsville  ? 

A.   Yes,  sir ;  about  that  distance. 

By  Mr.  Aiken  : 

Q.  You  state  that  you  bore  a  letter  from  Mrs.  Surratt  to  Mr. 
Nothe  ? 

A.  Yes,  sir.  I  read  the  letter  to  Mr.  Nothe  as  she  requested 
me  to  do.  She  was  about  leaving  before  I  reached  there ;  and  left 
directions  on  the  back  of  the  letter  to  see  Mr.  Nothe,  and  explain 
the  letter  to  him  ;  which  I  did. 

Q.    Was  it  a  business  letter  ? 

A.   Yes,  sir. 

George  Cottingham, 

a  witness  called  for  the  accused,  Mary  E.  Surratt,  being  duly  sworn, 
testified  as  follows  :  — 

By  Mr.  Aiken  : 

Q.    What  is  your  business  ? 

A.  Special  officer  on  Major  O'Beirne's  forces,  —  Board  of  Enrol- 
ment. 

Q.  Were  you  engaged  in  making  any  of  the  arrests  of  parties 
after  the  assassination  ? 

A.   Yes,  sir. 

Q.    Did  you  arrest  John  M.  Lloyd  ? 

A.   No,  sir :  my  partner,  Joshua  A.  Lloyd,  arrested  him. 

Q,    Did  you  see  Mr.  Lloyd  after  he  was  an-ested? 

A.   I  did  :  he  was  put  into  ray  charge. 

Q.    At  what  place  was  he  put  into  your  charge? 

A.  At  Roby's  Post  Office,  Surrattsville,  I  think  the  name  is. 
I  had  a  guard-house  there. 

Q.    Did  Mr.  Lloyd  make  any  confessions  to  you  at  that  time  ? 

The  Judge  Advocate  objected  to  the  question ;  and  it  was  varied 
as  follows :  — 


THE     TRIAL.  103 

Q.    What  information  did  IMr.  Lloyd  give  you  at  that  tinio  ? 

A.   He  denied  knowing  any  thing  about  it  first.     He  was  there, 
I  think,  two  days,  denying  it  every  day.     I  finally  told  him  that 
my  mind  was  made  up ;  that  I  was  perfectly  satisfied  he  was  into 
it ;  that  he  had  a  heavy  load  on  his  mind,  and  the  sooner  he  got  rid 
of  it  the  better.     He  said  to  me  then,  *'  0  my  God  !  if  I  should 
make  a  confession,  they  would  murder  me."     Said  I,  "  Who  would 
murder   you?"  —  "These   parties  that  are  in  this  conspiracy."' 
"  Well,"  said  I,  "  if  you  are  afraid  to  be  murdered  yourself,  and 
let  these  fellows  get  out  of  it,  that  is  your  business,  not  mine."     I 
then  put  him  in  the  guard-house.     He  seemed  to  be  very  much 
excited.    Lieutenant  Lovett  went  to  Washino;ton  for  re-enforcements. 
Lloyd  stated  to  me  that  Mrs.  Surratt  had  come  down  to  his  place 
on  Friday,  betwixt  four  and  five  o'clock ;  that  she  told  him  to  have 
the  fire-arms  ready ;  that  two  men  would  call  for  them  at  twelve 
o'clock ;  and  the  two  men  did  call ;  and  Herold  dismounted  from 
his  horse,  went  into  Lloyd's  tavern,  and  told  Lloyd,  "  I  have  some- 
thing to  tell  you."     Lloyd  stated  that  he  did  not  want  to  hear  it. 
Herold  told  him  to  go  up  and  get  those  fire-arras.     Tlie  fire-arms, 
he  stated,  were  brought  down.     Herold  took  one,  and  Booth's  car- 
bine was  carried  out  to. him,  whether  by  Herold  or  Lloyd  I  cannot 
now  distinctly  state ;  but  that  Booth  said  he  could  not  caiTy  his 
carbine  :  it  was  as  much  as  he  could  do  to  carry  himself,  as  his  leg 
was  broken.      Then  Booth  told  Lloyd,    "  I  have  murdered  the 
President ;  "  and  Herold  said,  *'  I  have  fixed  ofi*  Seward."    I  then 
asked  Mr.  Lloyd  why  he  did  not  communicate  that  fact,  and  not  let 
these  parties  go ;  and  remain  in  the  guard-house  two  days,  and  deny 
it.     Said  I,  "  These  parties  could  have  been  tal^en  if  you  had  only 
given  the  alarm.     Here  is  Mr.  Roby,  close  by,  whom  you  could 
have  told ;  and  you  could  have  spoken  about  the  fire-arms  being  in 
your  house."  ' 

Q.  What  information  did  he  give  you  about  the  fire-arms  him- 
self? 

A.  He  told  me  that  when  he  came  from  Bryantown,  from  Colonel 
Wells,  with  a  squad  of  cavalry.  I  was  in  the  house  when  he  came 
in.  He  comm-cnced  crying,  and  hallooing  out,  "  Oh  !  Mrs.  Surratt, 
that  vile  woman!    she  has  ruined  me!"     Said  I, "Mr.  Lloyd, 

VOL.  II  17 


194  THE     TRIAL. 

remember,  you  stated  to  me  that  there  were  two  carbines ;  that 
Booth  could  not  carry  his  carbine  :  and  now  where  is  that  carbine  ?  " 
He  told  me  it  was  up  stairs,  in  a  little  room  that  Mrs.  Surratt  had, 
with  some  bags  in  it.  I  went  into  that  room,  hunted  about,  and 
could  not  find  the  carbine.  I  said  to  Mrs.  Lloyd,  "  This  carbine 
must  be  found,  for  in  this  house  it  is  ;  and  I  am  bound  to  cut  up 
the  whole  partition  until  I  find  it."  She  then  told  a  colored  man 
to  get  an  axe.  I  went  into  a  room  adjoining,  where  they  went,  and 
waited  until  the  hu-ed  man  had  struck  three  knocks  on  the  wall.  I 
then  started  in,  because  I  suspected  they  must  know  where  the  ear- 
bine  was.  At  the  seventh  blow,  I  pulled  off  the  laths,  and  seized 
the  carbine  in  a  bag.  There  was  a  string  tied  around  the  muzzle 
of  the  carbine,  and  it  was  suspended  by  a  string  above,  through  the 
plastering ;  and  it  seemed  that  the  string  had  been  broken,  or  else 
cut,  and  dropped  down  to  the  base. 

Q.    You  did  not  find  the  carbine  where  Lloyd  told  you  it  was? 

A.   No,  sir.     He  hunted  all  over,  and  could  not  find  it  there. 

Q.  During  these  two  days,  when  Mr.  Lloyd  was  denying  all 
knowledge  of  these  parties,  did  he  mention  the  name  of  Mrs.  Sur- 
ratt then  ? 

A.  No,  not  when  he  was  denying ;  but,  after  he  confessed,  he 
did. 

Q.  Who  was  present  besides  yourself,  at  the  time  Lloyd  made 
these  statements  to  you  ? 

A.  There  was  nobody  that  I  know  of,  except  Mr.  Jenkins,  — a 
brother  of  Mrs.  Surratt,  —  who  was  up  in  the  room  when  I  put  the 
question  to  him.  I  said  that  I  knew  that  he  [Lloyd]  was  guilty ; 
that  my  mind  was  made  up ;  that  I  knew  that  he  was  in  that  con- 
spiracy, because  there  had  been  blockade-runners  in  his  house ;  and 
it  was,  I  was  told,  a  headquarters  for  rebels  and  blockade-runners. 

Q.    During  Mr.  Lloyd's  occupation  of  it  ? 

A.   Yes,  sir. 

Q.  Did  Mr.  Lloyd  make  any  further  statements  to  you  afterwards 
about  it  ? 

A.  Yes,  sir. 

Q.    What  were  those  ? 

Assistant  Judge  Advocate  Bingham  objected  to  the  question, 


THE     TRIAL.  195 

and  to  any  statements  made  by  Lloyd,  except  at  the  particular  time 
specified. 

The  question  was  waived. 

Q.  Do  you  recollect  positively  that  Lloyd  used  the  word  **  fire- 
arms "  in  his  statement  ? 

A.    Yes,  sir. 

Q.    Did  he  tell  you  that  Mrs.  Surratt  brought  them  there  ? 

A.  No,  sir ;  he  did  not.  I  think  he  said  Johnny  Surratt,  or 
some  name  like  that. 

Q.  When  did  Mr.  Lloyd  state  that  Mrs.  Surratt  made  that 
remark  to  him  ? 

A.    He  said  it  to  me  outside  of  the  guard-house. 

Q.  But  did  not  Mr.  Lloyd  say  at  what  time  Mrs.  Surratt  spoke 
about  the  fire-arms  ? 

A.    On  Friday,  betwixt  four  and  five  o'clock. 

Q.  Did  he  state  any  thing  of  other  businessr  she  had  there  that 
day? 

A.  No,  sir ;  he  did  not.  He  was  too  much  depressed  and  wor- 
ried, and  felt  very  much  uneasy. 

Q.  Did  he  have  the  appearance  at  that  time  of  being  very  much 
frightened  ? 

A.  Oh,  no  !  there  was  nothing  to  frighten  him.  I  gave  him 
his  own  way ;  treated  him  very  kindly.  I  told  him  that  what  he 
had  to  say  I  wanted  voluntarily ;  and  I  gave  him  some  instruc- 
tions and  advice,  and  sent  him  down  to  Colonel  Wells,  and  told 
him,  if  there  was  any  thing  he  kept  back,  he  had  better  own  up,  tell 
every  thing,  make  a  clean  breast  of  it. 

Q.    For  two  days  he  denied  all  knowledge  of  it  ? 

A.    Yes,  sir. 

Q.    On  what  day  of  the  week  did  he  make  this  confession  to  you  ? 

A.  I  think  it  was  on  Tuesday  or  Wednesday  :  I  will  not  be 
positive.  My  business  was  to  prepare  the  way  for  other  officers 
who  were  over  me.     I  opened  the  way. 

Q.  Did  he  say  any  thing  to  you  at  that  time  about  the  Surratts 
getting  him  into  the  difficulty  ? 

A.  Yes,  indeed  :  he  cried  bitterly  in  the  presence  of  six  of  the 
guard.     I  was  there.     At  the  last  interview  I  had  with  him.  when 


196  THE     TRIAL. 

he  came  to  the  house  to  come  to  Washington,  he  cried  bitterly  in 
the  room,  and  threw  his  hands  over  his  wife's  neck,  and  hallooed  for 
his  prayer-book.  Lloyd's  wife  and  Mrs.  Oflutt  were  there  at  the 
last  interview  in  the  room,  and  heard  all  the  conversation.  He 
cried  aloud.     I  told  him  to  brace  up. 

Cross-examined  by  the  Judge  Advocate  : 

Q.  State  whether,  at  the  time,  he  mentioned  the  reasons  why  he 
had  concealed  all  this  matter  thus  long  from  you. 

A.    Yes,  sir  :  he  stated  that  he  was  afraid. 

Q.    Afraid  of  whom  or  what  ? 

A.  Afraid  that  parties  there  would  murder  him  if  he  made  this 
confession. 

Q.    To  whom  did  you  understand  hun  to  refer  ? 

A.  I  understood  him  to  refer  to  those  who  were  in  the  conspir- 
acy, or  some  neighbors  around.     I  cannot  say  which. 

Q.  What  was  the  precise  language  which  he  used  in  reference 
to  Mrs.  Surratt,  as  to  her  having  got  him  into  the  difficulty  ?  Give 
the  precise  words,  if  you  can. 

A.  He  said,  in  the  last  interview  in  his  house,  "  Mrs.  SuiTatt, 
that  vile  woman  !  she  has  ruined  me  :  I  am  to  be  shot ;  I  am  to  be 
shot ! " 

Bernard  J.  Early 
recalled  as  a  witness  for  the  accused,  Michael  O'Laughlin. 

By  Mr.  Cox. 

Q.  In  your  examination  on  the  part  of  the  prosecution,  you 
stated  that  you  came  from  Baltimore,  on  Thursday  afternoon,  the 
13th  of  April  last,  in  company  with  Michael  O'Laughlin,  the 
accused,  Mr.  Murphy,  and  Mr.  Henderson  ? 

A.    Yes,  su-. 

Q.    Will  you  state  what  train  you  came  in  ? 

A.  We  left  Baltimore  in  the  half-past  three  o'clock  train,  I 
believe. 

Q.    What  time  did  ypu  reach  Washington  ? 

A.  We  reached  Washington  at  the  usual  time:  I  believe  it 
takes  very  nearly  two  hours  to  run  down  here. 


THE     TRIAL.  197 

Q.    "Was  it  an  accommodation-train  ? 

A.  I  do  not  know  that.  AYe  reached  here  about  half-past  five, 
I  suppose. 

Q.  State  where  you  and  O'Laughlin  went  to  when  you  left  the 
cars  :  state  every  place  at  which  you  were  present  with  him  ;  if  you 
were  with  him  during  the  whole  of  that  evening. 

A.  After  leaving  the  cars,  we  made  the  best  of  our  way  across 
to  the  avenue,  and  struck  it  at  about  First  Street  \  went  down  the 
avenue  to  between  Third  and  Four  and  a  Half  Streets,  to  a  restau- 
rant kept  by  a  man  named  Lichau  :  I  think  it  is  called  RuUman's 
Hotel.  We  went  inside  there,  and  came  out  again  in  a  short  time. 
Mr.  Henderson  went  into  the  barber-shop  next  door  to  get  shaved. 
While  he  was  in  there,  Mr.  O'Laughlin  asked  me  to  walk  down  as 
far  as  the  National  Hotel  with  him.  I  did  so  :  I  went  in ;  he 
walked  up  to  the  desk,  and  inquired  for  some  person,  and  told  me 
to  wait,  he  would  detain  me  only  a  few  minutes.  I  told  him  that 
I  did  not  like  to  wait ;  that  I  did  not  want  to  miss  the  rest  of  the 
party.  He  walked  out  as  far  as  the  door  with  me,  and  told  me  he 
would  not  detain  me  more  than  ten  or  fifteen  minutes,  and  left  me 
standing  in  front  of  the  door ;  went  in,  and  returned  again  in  about 
from  three  to  five  minutes.  After  he  came  out,  we  went  down  and 
met  IMr.  Henderson  and  Mr.  Murphy  at  Lichau's :  Henderson, 
though,  had  not  got  through  shaving  by  the  time  we  got  back. 
After  that  we  went  in  there  and  came  out  again,  and  took  a  walk 
up  the  avenue  a  considerable  distance,  I  guess  as  far  as  Eleventh 
Street,  and  returned  back  to  Welch's  dining-saloon,  and  went  in 
there  and  had  supper. 

Q.    Where  is  that  saloon  ? 

A.   Over  Wall  &  Stephens's.     I  stated  here  the  other  day,  that 

did  not'  know  where  it  was ;  but  I  believe  it  is  over  Wall  & 
^ephens's. 

Q.    Did  you  take  supper  there  ? 

A.   Yes,  sir. 

Q.    How  long  did  that  last  ? 

A.   That  lasted,  I  guess,  about  three-quarters  of  an  hour. 

Q.    Do  you  know  at  what  time  you  left  there  ? 

A.  It  must  have  been  getting  on  to  eight  o'clock  when  we  left 
17* 


198  THE     TRIAL. 

there  ;  about  half-past  seven,  I  should  say.  After  coming  out  of 
there,  we  returned  down  the  avenue  to  RuUman's  Hotel,  and  pro- 
ceeded then  down  as  far  as  the  corner  of  Third  Street,  where 
O'Laughlin  and  Murphy  left  Henderson  and  me  standing  on  the 
corner  of  Third  Street,  saying  they  were  going  around  to  see  a  sick 
man  who  lived  on  B  Street. 

Q.    Do  you  know  his  name  ? 

A.  His  name  is  Hoffman.  I  told  them,  that,  if  we  were  not  on 
the  corner,  they  would  see  us  in  the  middle  of  the  square,  between 
Second  and  Third  Streets.  They  returned  in  ten  or  fifteen  min- 
utes, accompanied  by  Mr.  Daniel  Loughran.  After  meeting  there, 
the  five  of  us  started  up  the  avenue  to  see  the  illumination.  We 
went  up  the  avenue  to  a  public  reservation,  above  Seventh  Street, 
when  Mr.  Murphy  stopped  there.  We  stopped  at  that  point.  One 
of  them  complained  of  having  sore  feet,  and  said  he  would  not  go 
any  farther.  I  noticed  on  one  of  the  boards  pasted  up,  "  Canter- 
bury Music  Hall,"  there  appeared  the  name  of  a  party  from  Balti- 
more. We  returned  down  on  the  other  side  of  the  reservation,  and 
Murphy  and  Henderson  had  the  lead. 

Q.    What  time  was  that  ? 

A.  That  was  getting  on  for  nine  o'clock.  We  went  down,  and 
went  into  the  Canterbury  Music  Hall,  and  got  in  there  just  about 
the  end  of  the  first  piece  they  were  playing ;  and  we  remained  there 
till  about  ten  o'clock  :  left  after  a  certain  dance  on  the  bill.  We 
came  out  of  there,  and  proceeded  to  the  Metropolitan  Hotel ;  and 
from  there  down  to  Lichan's  or  Bullman's  Hotel. 

Q.    What  time  did  you  reach  Rullman's  ? 

A.  We  reached  Bullman's  Hotel,  I  should  suppose,  about  a 
quarter  or  half  past  ten  o'clock. 

Q.    Was  O'Laughlin  with  you  all  that  time  ? 

A.   He  was  all  that  time. 

Q.    How  late  did  you  remain  at  that  hotel  ? 

A.   We  remained  there  for  about  an  hour,  I  suppose. 

Q.    Did  anybody  join  you  there  on  the  steps  ? 

A.  Mr.  Grillet  was  passing  by  with  a  lady  at  the  time ;  and  he 
spoke  to  O'Laughlin,  I  believe. 


THE     TRIAL.  199 

Q.  You  say  you  remained  tliere  about  an  hour  from  a  quarter- 
past  ten  ? 

A.   Yes,  sir. 

Q.    Where  did  you  go  then  ? 

A.  We  left  there ;  and  one  of  the  men  of  the  house,  Mr.  Giles, 
joined  us.  We  went  down  the  avenue  as  far  as  Second  Street.  I 
believe  Mr.  O'Laughlin  is  acquainted  at  a  saloon  on  the  corner  of 
B  Street,  I  think,  and  Second,  where  there  was  a  dance,  or  some- 
thing going  on ;  and  he  took  the  lead  over  there,  and  we  followed 
in.  One  of  the  parties  bought  tickets  to  go  back  into  the  ball. 
We  did  not  stay  there  more  than  about  an  hour.  We  got  tired  of 
the  affair,  and  came  out ;  went  up  the  avenue  again,  stopped  at 
several  places,  and  went  into  the  Metropolitan  Hotel  between  one 
and  two  o'clock ;  went  out  again  for  about  five  minutes,  and  re- 
tui'ned  at  about  the  hour  of  two,  when  we  went  up  stairs  to  bed. 

Q.  Do  I  understand  you  to  state  upon  your  oath  that  ]\Ir. 
O'Laughlin,  the  accused,  was  with  you  all  that  time  ? 

A.   He  was  all  that  night. 

Q.  Do  you  know  where  Mr.  Stanton's  residence  in  Washing- 
ton is  ? 

A.   I  do  not. 

Q.    Do  you  know  where  FrankHn  Square  is  ? 

A.   I  do  not. 

Q.    Do  you  know  where  Willard's  Hotel  is  ? 

A.   I  have  passed  by  it  several  times. 

Q.    Do  you  know  the  situation  of  the  Treasury  Building  ? 

A.  Yes. 

Q.  Mr.  Stanton's  house  is  six  squares  north  of  that,  and  one 
square  east.  I  ask  you  if  it  is  possible  that  Mr.  O'Laughlin  could 
have  been  at  Mr.  Stanton's  at  nine  o'clock,  or  at  any  time  between 
that  and  eleven  o'clock. 

Assistant  Judge  Advocate  Bingham  objected  to  the  question, 
and  it  was  waived. 

Q.  You  stated  in  your  examination  on  the  part  of  the  Govern- 
ment, when  cross-examined,  that  you  woke  Michael  O'Laughlin  up 


200  THE     TRIAL. 

on  Friday  Morning  in  the  Metropolitan  Hotel,  and  that  he  was 
with  you  almost  all  that  day  ? 

A.   Yes,  sir. 

Q.  From  nightfall,  I  wish  you  to  explain  again  where  he  was 
until  bedtime  on  Friday  night. 

A.  He  was  in  RuUman's  Hotel  from,  I  suppose,  after  we  had 
supper,  up  until  the  time  he  went  out  with  Mr.  Fuller. 

Q.    Where  did  you  sup  that  night  ? 

A.   At  Welch's,  the  same  place. 

Q.    At  what  hour  did  you  go  there  ? 

A.   We  went  there,  I  suppose,  about  eight  o'clock. 

Q.    How  long  did  you  stay  ? 

A.  I  suppose  from  three-quarters  of  an  hour  to  an  hour,  per- 
haps. 

Q.  You  stated  in  your  examination  that  you  were  there  when 
the  procession  of  Navy- Yard  men  passed  by  with  torch-lights  ? 

A.  Yes,  sir. 

Q.    Where  did  you  go  from  there  after  supper  ? 

A.   We  returned  down  to  RuUman's. 

Q.  How  late  do  you  know  of  Mr.  Laughlin's  having  been 
there  ? 

A.  I  should  suppose  it  was  about  ten  o'clock.  It  might  have 
been  a  little  after.  I  did  not  take  notice  whether  it  was  before  we 
got  the  news  of  the  assassination  or  afterwards.  I  remember  dis- 
tinctly his  going  out  with  Mr.  Fuller. 

Q.  You  do  not  remember  distinctly  whether  that  was  before  or 
after  the  assassination  ? 

A.   I  do  not. 

Q.  Do  you  know  how  he  was  dressed  on  Thursday  evening  and 
on  Friday? 

A.  Yes,  sir. 

Q.    What  sort  of  dress  did  he  wear? 

A.  He  wore  a  coat  similar  to  the  one  he  has  on  now,  —  a  dahlia 
coat,  something  of  a  frock  ;  that  is,  it  is  a  frock  behind,  and  a 
straight  piece  in  the  front, — the  same  coat  he  has  on  now:  the 
pantaloons  he  has  on  now  are  the  same  he  wore  then. 

Q.    Did  you  make  them  ? 


THE     TRIAL.  201 

A.  Yes,  sir. 

Q.  What  sort  of  a  vest  had  he  on  ? 

A.  A  double-breasted  vest  of  the  same  material  as  the  pantaloons. 

Q.  What  do  you  call  that  colored  pantaloons  ? 

A.  I  should  call  that  a  Scotch  plaid.  It  is  striped  up  and 
down. 

Q.  What  color  ? 

A.  Purple  and  green. 

Cross-examined  by  the  Judge  Advocate  : 

Q.  State  whether  or  not  you  were  all  under  the  influence  of 
liquor  on  that  Thursday  and  Friday  night. 

A.  On  Friday  night,  getting  on  late  towards  ten  o'clock,  I 
should  suppose  we  were. 

Q.    How  often  did  you  drink  before  ten  o'clock  that  night  ? 

A.  I  could  not  state  how  many  times  we  drank  :  we  drank  con- 
siderable, though. 

Q.    Six  or  eight  times  ? 

A.   Yes. 

Q.    Ten  times,  do  you  think  ? 

A.  We  might  have  drunk  that  many  times.  It  was  mostly  ale, 
though,  that  Mr.  O'Laughlin  and  myself  drank.  I  hardly  ever 
saw  Mr.  O'Laughlin  drink  any  liquors. 

Q.  You  say  you  were  not  separated  from  him  at  all  during  the 
night  of  Friday  ? 

A.   I  was  not,  up  to  the  time  that  he  went  out  of  the  house. 

Q.    At  what  hour  do  you  state  that  to  be  ? 

A.  I  suppose  about  ten  o'clock,  or  it  may  have  been  a  little 
after  that. 

Q.    When  did  you  see  him  again  ? 

A.   I  saw  him  again  on  Saturday  morning. 

Q.  Where  did  he  leave  you  at  about  ten  o'clock  on  Friday 
night  ? 

A.   He  left  me  in  Kullraan's  Hotel. 

Q.    Where  is  that  in  the  city  of  Washington  ? 

A.  It  is  situated  between  Third  and  Four  and  a  Half  Streets,  — 
the  second  door  from  the  "  Globe  "  office,  I  think. 


202  THE     TRIAL. 

Q.  Bid  lie  go  out  alone,  or  with  others  ? 

A.  He  went  out  with  Mr.  Fuller. 

Q.  And  you  did  not  see  him  again  until  Saturday  morning? 

A.  No,  sir. 

By  the  Court  : 

Q.    How  long  a  time  were  you  at  the  dining-saloon  on  Thursday? 

A.  We  went  there  on  Thursday  evening  after  we  arrived  from 
Baltimore.     I  was  at  the  table  all  the  time  the  others  were  there  ? 

Q.    Can  you  give  it  in  hours  or  half-hours  ? 

A.  I  suppose  from  three-quarters  of  an  hour  to  an  hour.  We 
had  to  stay  there  until  the  meal  was  got  ready  for  us. 

Q.    Was  any  wine  drank  that  evening  ? 

A.   No,  sir  :  we  had  no  wine. 

By  Mr.  Cox  : 

Q.    Your  supper  had  to  be  prepared  after  you  went  in  ? 
A.   Yes,  sir  :  it  was  oixlered,  and  had  to  be  prepared. 
Q.    You  saw  one  of  the  play-bills  of  the  Canterlmry.     Do  you 
recollect  at  what  point  of  the  performance  you  left  that  place  ? 
A.   We  left  after  a  certain  dance  by  a  young  lady. 

By  the  Court  : 

Q.  I  understood  you  to  say  that  O'Laughlin  does  not  drink 
whiskey  ? 

A.    I  have  very  seldom,  if  ever,  seen  him  drinking  any. 
Q.    Did  you  ever  see  him  drunk  or  intoxicated  ? 
A.   Twice,  I  believe. 

By  Mr.  Cox  : 

Q.    Have  you  known  him  for  some  time  ? 

A.  I  have  known  Mr.  O'Laughlin  shghtly  for  about  four  years. 
It  is  within  the  last  ten  months  that  I  have  got  to  go  with  him ; 
and  I  have  known  him  quite  intimately  within  that  time. 

Edward  Murphy, 

a  witness  called  for  ihQ  accused,  Michael  O'Laughlin,  being  duly 
sworn,  testified  as  follows :  — 


THE     TRIAL.  203 

By  Mr.  Cox  : 

Q.    Where  do  you  reside  ? 

A.   In  Baltimore. 

Q.    Did  you  come  to  Wasliington  on  Thursday,  the  13th  of 
April  last  ? 

A.   Yes,  sir. 

Q.    In  what  company? 

A.  In  the  company  of  James  B.  Henderson,  Michael  O'Laugh- 
hn,  and  Barney  Early. 

Q.    Who  proposed  the  trip  ? 

A.   Henderson. 

Q.    At  what  time  did  you  get  to  Washington  ? 

A.    About  five  o'clock  in  the  afternoon. 

Q.  State,  then,  all  that  took  place  that  evening  up  to  bedtime, 
and  where  O'Laughlin  went. 

A.  We  came  from  the  depot  down  to  Bullman's  ;  there  we  took 
a  drink  or  two,  and  started  from  there  to  the  Metropolitan.  We 
went  to  several  places,  and  took  supper  at  Welch's,  about  eight 
o'clock,  or  somewhere  in  that  neighborhood :  it  may  have  been  from 
half-past  seven  to  eight. 

Q.  How  long  do  you  suppose  you  were  occupied  there  at  sup- 
per ? 

A.    About  Italf  an  hour,  I  should  judge. 

Q.  Did  supper  have  to  be  prepared  for  you  after  you  went  in 
there  ? 

A.   Yes,  sir. 

Q.    And,  after  you  left  there,  where  did  you  go  ? 

A.  After  we  left  there,  we  came  down  to  Bullman's  again  ;  and 
there  we  met,  I  think,  John  Loughran,  and  took  a  walk  up  the 
street  to  see  the  illumination  of  the  Treasury  :  we  stopped  on  the 
corner  of  Ninth  Street  and  the  avenue. 

Q.    Are  you  certain  it  was  Ninth  Street? 

A.  Yes,  sir.  After  stopping  there  some  time  and  debating,  we 
started  and  went  to  the  Canterbury,  and  staid  in  the  Canterbury  un- 
til about  ten  o'clock  :  left  the  Canterbury,  and  walked  down  to  the 
Metropolitan  Hotel,  and  then  came  back  to  Rulbnan's ;  and  it  was 
a  quarter  to  ten  when  we  got  into  Bullman's. 


204  THE     TRIAL. 

Q.    "Was  tlie  prisoner  O'Laughlin  with  you  all  that  time? 

A.   He  was  with  us  all  that  time. 

Q.    At  a  quarter-past  ten  ? 

A.  Yes,  SU-;  and  after.  I  think  we  went  from  there  up  to 
Platz's,  and  came  back  again  ;  and  that  brought  us  up  to  about 
half-past  eleven  or  twelve  o'clock.  Then  we  started  from  there 
down  to  Riddle's,  on  the  corner  of  B  and  Second  Streets,  I  think, 
and  staid  there  until  half-past  twelve  or  one  o'clock.  Then  we 
went  from  there  to  Dubant's,  on  the  corner  of  Sixth  Street  and 
the  avenue ;  took  a  hack  there,  and  went  to  the  corner  of  Tenth 
Street  and  the  avenue. 

Q.    What  was  going  on  there  ? 

A.  It  is  an  all-nio-ht  house.  We  went  in  there,  and  o^ot  some 
refreshments. 

Q.    What  hour  was  that  ? 

A.   About  half-past  one,  I  should  judge  that  to  be. 

Q.    What  time  did  you  go  back  to  the  Metropohtan  ? 

A.  We  got  to  the  Metropohtan  at  two,  or  half-past  two.  I  think 
it  was  two  wlien  we  registered  our  names ;  and  then  we  went  across 
the  street  to  Gilson's,  on  the  corner  of  Sixth  Street,  and  got  a 
drink ;  and  the  conversation  we  had  made  it  about  half-past  two 
when  we  got  to  bed. 

Q.  Do  I  understand  you  to  say  that  Michael  O'Laughlin  was 
with  you  all  that  time  ? 

A.   He  was  with  us  all  that  time. 

Q.  From  the  time  you  all  left  the  cars  until  you  all  went  to 
bed? 

A.  No :  he  left  us  for  about  five  minutes  at  one  time  with 
Early,  and  went  up  as  far  as  the  National  Hotel.  That  was  when 
we  first  came  down,  while  Henderson  was  getting  shaved ;'  and,  be- 
fore Henderson  was  shaved,  they  were  back.  They  were  not  gone 
more  than  five  or  six  minutes.  I  did  not  go  with  them,  but  waited 
at  RuUman's  until  they  came  back.  It  was  the  only  time  O'Laugh- 
lin was  absent  until  we  went  to  bed. 

Q.  Do  you  know  where  the  house  of  Mr.  Stanton,  the  Secretary 
of  War,  is? 

A.   I  think  I  do. 


THE     TRIAL.  205 

Q.  Can  you  state  whether  O'Laughlin  was  there  during  any 
portion  of  that  time  ? 

A.  He  was  no  nearer  than  the  corner  of  Ninth  Street  and  the 
avenue  to  Secretary  Stanton's  house. 

Q.    Did  you  see  him  on  Friday  ? 

A.  I  was  with  him  all  day  Friday,  up  to  eight  o'clock  at  night, 
when  three  or  four  of  the  party  left,  and  went  to  supper ;  and  I 
went  to  the  Metropolitan  Hotel,  and  did  not  see  him  again  until 
Saturday  morning.      I  did  not  go  to  supper  with  them  on  Friday. 

Q.    Did  you  see  him  on  Saturday  ? 

A.  I  was  with  him  from  nine  o'clock  on  Saturday  morning 
until  the  time  we  went  to  the  depot  to  get  tickets  to  go  to  Balti- 
more. 

Q.  Were  you  at  Rullman's  Hotel  when  the  news  of  the  Presi- 
dent's assassination  reached  there  ? 

A.   No,  sir  :  I  did  not  know  it  until  next  morning  at  nine  o'clock. 

Q.  During  this  trip,  what  was  O'Laughlin's  manner?  Was  he 
in  good  spbits,  or  did  he  betray  any  nervousness  or  anxiety,  or  any 
knowledge  of  any  thing  desperate  going  on  ? 

A.   I  never  saw  him  in  better  spirits  in  my  life  than  he  was  then. 

Q.  State  whether  it  was  the  plan  of  your  party  to  go  up  to  Bal- 
timore on  Friday  afternoon. 

A.  Yes,  sir  :  it  was  our  intention  to  go  up  on  Friday  afternoon, 
when  we  started  from  Baltimore. 

Q.    State  what  prevented  you  from  going  up. 

A.  We  staid  until  Saturday  morning  at  the  solicitation  of  Mr. 
Henderson,  as  he  wanted  to  see  a  lady  friend  of  his  that  night. 

Q.    The  whole  party  staid  on  that  account  ? 

A.   Yes,  sir. 

Q.    You  went  up  on  Saturday  at  what  hour  ? 

A.   I  did  not  go  up  until  Sunday  morning. 

Q.  Do  you  remember  being  joined  on  the  steps  of  the  PtuUman 
Hotel,  on  Thursday  night,  by  Mr.  Grillet  ? 

A.   Yes,  sir. 

VOL.  11.  18 


206  THE     TRIAL. 

Daniel  Loughran, 

a  witness  called  for  tlie  accused,  Michael  O'Laughlin,  being  duly- 
sworn,  testified  as  follows  :  — 

By  Mr.  Cox  : 

Q.    Do  you  reside  in  tliis  city  ? 

A.  Yes,  sir. 

Q.    Do  you  know  the  accused,  Michael  O'Laughlin? 

A.   Yes,  sir. 

Q.    How  long  have  you  known  him  ? 

A.   About  eighteen  or  twenty  months. 

Q.    Did  you  see  him  on  Thursday  evening,  the  13th  of  April? 

A.   Yes,  sir. 

Q.    State  where  you  saw  him,  and  at  what  hour. 

A.  I  saw  him  about  a  quarter  after  seven  o'clock  on  Thursday 
evening,  in  front  of  Kullman's  Hotel,  on  Pennsylvania  x^ venue. 

Q.    Who  was  with  him  ? 

A.  Captain  Henderson,  Edward  Murphy,  Barney  Early,  and 
O'Laughlin. 

Q.    Did  you  join  that  party? 

A.  No,  sir  :  I  went  home  to  supper ;  and  I  joined  them  about 
eight  o'clock,  I  suppose,  after  supper.  O'Laughlin  and  Murphy 
came  to  my  boarding-house,  and  we  went  through  Adams's  express- 
office,  and  met  Henderson  and  Early  on  Pennsylvania  Avenue. 
That  was  about  eight  o'clock,  I  judge,  or  a  few  minutes  after. 

Q.    Then  where  did  you  go  ? 

A.  We  went  from  Joe  Platz's  restaurant  to  Bullman's  Hotel. 
In  front  of  Adams's  express-office  we  joined  them,  and  went  into 
Platz's  restaurant,  and  from  there  to  Bullman's  Hotel. 

Q.    From  Rullman's  where  did  you  go  ? 

A.  We  went  up  to  the  corner  of  Pennsylvania  Avenue  and  Ninth 
Street. 

Q.    At  what  hour  did  you  reach  there  ? 

A.  When  we  got  up  there,  I  judged  it  was  nine  o'clock  when 
we  got  to  the  corner. 

Q.    Did  you  look  at  your  watch? 

A.   Yes,  sir. 


THE     TRIAL.  207 

Q.    Did  any  thing  occasion  you  to  look  at  your  watch  ? 

A.  I  wanted  to  go  to  the  Treasury,  and  some  of  the  parties  said 
it  was  rather  late.  I  looked  at  my  watch,  and  I  think  it  was  about 
nine  o'clock.  Some  of  them  proposed  to  go  back.  Finally  they 
did  go  back  to  the  corner  of  Seventh  and  Louisiana  Avenue.  We 
went  from  there  to  the  Canterbury. 

Q.    What  time  did  you  go  in  there  ? 

A.  It  must  have  been,  I  suppose,  half-past  nine  when  we  went 
into  the  Canterbury. 

Q.    How  long  did  you  stay  ? 

A.  We  staid  there  tiU  ten,  or  perhaps  quarter  after  ten.  I  do 
not  know  exactly  the  time. 

Q.    Where  did  you  go  from  there  ? 

A.  We  went  from  there  to  the  Metropolitan  Hotel,  and  from 
there  to  Rullman's  Hotel. 

Q.    What  time  did  you  reach  KuUman's,  then  ? 

A.  I  do  not  know ;  but  I  guess  probably  half-past  ten  o'clock ; 
perhaps  a  little  earlier,  perhaps  a  little  later  :  I  am  not  certain. 

Q.  State  whether  Michael  O'Laughhn,  the  accused,  was  with 
you  all  the  time,  from  the  time  you  joined  them  in  front  of  Adams's 
express-office  until  the  time  you  went  down  to  Rullman's  Hotel. 

A.   Yes,  sir. 

Q.    Do  you  know  where  Mr.  Stanton's  house  is  ? 

A.    No,  sir. 

Q.    Do  you  know  where  Franklin  Square  is? 

A.   Yes,  sir. 

Q.    Could  he  have  been  up  there  during  that  time  ? 

A.   No,  sir. 

Q.  Did  anybody  join  you  at  RuUman's  Hotel  about  half-past 
ten? 

A.   Mr.  Grillet  joined  us  there. 

Q.    Were  you  with  them  after  that?  and  until  how  late  ? 
•   A.   I  was  with  them  until  after  twelve  o'clock. 

Q.    Was  O'Laughlin  with  you  all  that  time? 

A.   Yes,  sir. 

Q.    You  did  not  sleep  with  them  at  the  same  house  ? 

A.   No,  sir. 


208  THE     TRIAL. 

Q.    Did  you  see  tliem  the  next  day? 

A.   I  did  the  next  evenino;. 

Q.   At  what  time,  and  where  ? 

A.  I  judge  between  seven  and  eight  o'clock,  at  RuUman's 
Hotel. 

Q.  "Were  you  with  him  any  time  during  the  evening  after  half- 
past  seven  o'clock  ? 

A.  Yes,  sir :  I  was  there  until  quarter-past  nine  or  half-past  nine, 
I  suppose. 

Q.    Did  they  go  to  Welcker's  while  you  were  there  ? 

A.  Not  that  I  am  aware  of.  I  heard  them  speaking  about  going 
to  supper  ;  but  where  they  went  to  I  do  not  know.  I  do  not  know 
whether  O'Laughlin  went  to  supper  or  not. 

Q.    Did  you  see  him  any  more  after  that? 

A.    Yes,  sir. 

Q.    What  hour,  and  where  ? 

A.  I  never  missed  him  away  from  the  time  that  I  first  saw  him — 
half-past  seven  or  eight  o'clock  —  until  about  half-past  nine. 

Q.    Did  you  leave  there  at  half-past  nine  ? 

A.   Yes,  sir. 

Q.    Did  you  go  back  again  afterwards  ? 

A.   No,  sir. 

Q.    Did  you  not  see  him  any  more  that  night? 

A.   No  more  that  night.     I  went  home. 

Q.    Did  you  notice  O'Laughlin's  dress  that  evening? 

A.   Yes,  sir  :  he  had  a  plaid  vest  and  pants  on. 

Q.  Look  at  the  di-ess  he  has  on  now,  and  say  if  that  is  the  same, 
or  like  it. 

A.   I  think  that  looks  like  the  pants.     He  had  a  vest  on. 

Q.    What  kind  of  hat  ? 

A.   I  think  he  had  a  black  slouch  hat  on. 

By  the  Court  : 

Q.  What  part  of  the  Canterbury  play-house  did  you  go  into  that 
night  ? 

A.  I  do  not  know  exactly  how  the  hall  is  an-anged.  We  wont 
to  the  fifty-cent  place  first,  I  believe.     There  was  some  mistake  in 


THE     TRIAL.  209 

the  change  :  Captain  Henderson  went  to  get  it  corrected,  and  they 
said  they  would  give  him  tickets  for  the  orchestra  chairs,  which  were 
seventy-five  cents.  That  was  right  behind  the  orchestra  ;  and  we 
moved  from  the  place  where  we  first  sat  into  those  other  seats. 

Q.    Did  you  all  sit  together  ? 

A.  No  :  I  believe  two  of  us  sat  on  one  seat,  and  the  other  two 
sat  right  behind.     We  were  sitting  on  two  different  seats. 

Q.    You  saw  that  party  all  the  time  you  were  in  the  house  ? 

A.   Yes. 

Q.    None  of  them  left  until  all  left  together? 

A.   We  all  left  together. 

By  Mr.  Cox  : 

Q.  What  was  O'Laughlin's  conduct  and  bearing  that  evening? 
Was  he  in  good  spirits  or  bad  ? 

A.  He  appeared  very  lively.  I  believe  they  made  a  remark 
that  they  had  come  down  from  Baltimore  to  see  the  illumination, 
and  have  a  good  time. 

Q.    Was  he  at  all  intoxicated  ? 

A.  On  Thursday  evening,  I  do  not  think  he  was.  He  was  lively 
and  merry ;  but  I  cannot  say  he  was  tight  or  drunk. 

No  cross-examination. 

George  Grillet, 

a  witness  called  for  the  accused,  Michael  O'Laughlin,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Cox  : 

Q.  Do  you  reside  in  Washington  ? 

A.  Yes,  sir. 

Q.  What  is  your  occupation  ? 

A.  I  am  solicitor  for  the  New-York  Cracker  Bakery,  96  Louisi- 
ana Avenue. 

Q.  Do  you  know  the  accused,  Michael  O'Laughlin? 

A.  I  do. 

Q.  How  long  have  you  known  him  ? 

A.  One  or  two  years. 

18* 


210  THE     TRIAL. 

Q.  Did  you  see  him  on  Thursday  evening,  the  13th  of  April 
last  ? 

A.  I  saw  him  between  the  hours  of  ten  and  half-past  ten.  I  had 
been  to  the  Capitol  with  a  lady ;  and,  passing  up  the  avenue, 
O'Laughlin  was  on  the  step  of  RuUman's  Hotel,  and  he  bowed  to 
me. 

Q.    Who  were  with  him  ? 

A.  Lieutenant  Henderson  and  Edward  Murphy.  Henry  Purdy, 
the  superintendent  of  the  house,  was  on  the  porch,  I  believe. 

Q.    What  hour  did  you  say  that  was? 

A.   Between  ten  and  half-past  ten. 

Q.    State  whether  you  joined  that  party  afterwards. 

A.  I  joined  that  party  a  little  after  eleven  o'clock.  After  I 
escorted  the  lady  home,  I  came  back  to  the  house,  and  joined  the 
party. 

Q.    How  late  were  you  with  them  that  evening? 

A.   It  was  between  twelve  and  one  o'clock  before  I  left  them. 

Q.    Did  you  see  him  next  day  ? 

A.   I  saw  him  on  Friday  morning. 

Q.    During  the  day  again  ? 

A.  Not  until  eight  o'clock  that  night.  I  was  with  them  then 
till  between  eleven  and  twelve  o'clock. 

Q.  Where  were  you  when  you  received  the  news  of  the  Presi- 
dent's assassination  ? 

A.   I  was  at  this  Lichau  House  or  RuUman's  Hotel. 

Q.    Was  O'Laughlin  there  at  that  time? 

A.   He  was. 

Q.  W^hat  was  his  demeanor  during  the  time  you  were  with  him? 
Was  he  in  good  spirits  ? 

A.   Pretty  lively. 

Q.  Do  you  know  any  thing  of  his  going  away  from  that  hotel 
that  night  ? 

A.  On  Friday  night,  he  left  shortly  after  the  news  came  down 
that  the  President  was  killed :  he  and  a  man  named  Fuller  went 
out  together. 

Q.  Did  you  notice  his  behavior  when  the  news  was  communicated 
of  the  President's  assassination  ? 


THE     TRIAL.  211 

A.   I  did  not  notice  it. 

Q.   Do  you  know  how  he  was  dressed  that  evening  ? 

A.  I  know  he  had  on  a  Scotch  plaid  vest  and  pants.  I  cannot 
swear  positively  to  the  coat  he  had  on ;  but  he  had  a  habit  of  wear- 
ing a  sack  coat. 

Henry  E.  Purdy, 

a  witness  called  for  the  accused,  Michael  O'Laughlin,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Cox  : 

Q.    Do  you  reside  in  the  city  ? 

A.   I  do. 

Q.    What  is  your  business  ? 

A.   I  am  superintendent  of  Rullman's  Hotel. 

Q.    Do  you  know  the  accused,  Michael  O'Laughlin? 

A.   Yes,  sir. 

Q.  Did  you  see  him  here  on  Thursday  afternoon  and  evening, 
the  13th  of  April  last? 

A.   I  saw  him  on  Thursday  night,  the  13th  of  April. 

Q.    In  whose  company  ? 

A,   He  was  with  George  Grillet,  Loughran,  Murphy,  and  Early. 

Q.    Where  were  they  ? 

A.   In  the  restaurant. 

Q.    At  what  hour  ? 

A.   I  think,  about  half-past  ten. 

Q.  Do  you  know  whether  they  came  from  the  Canterbury  at 
that  time  ? 

A.   I  do  not  know. 

Q.    How  long  did  they  stay  there  ? 

A.   Until  a  few  minutes  after  twelve,  when  I  was  closing  up. 

Q.    Do  you  know  whether  they  were  there  all  that  time  or  not  ? 

A.  I  do  not  know.  I  was  in  the  bar  only  occasionally.  I  was 
principally  in  the  kitchen  and  dining-room,  and  walking  around. 
They  were  there  whenever  I  was  in  the  bar ;  and  they  went  out  at 
the  side-door  when  I  closed  up  after  twelve  o'clock. 

Q.  You  are  confident  it  was  about  half-past  ten  when  they  came 
there,  and  that  O'Laughlin  was  with  them? 


212  TEE     TRIAL. 

A.   Yes,  sir :  he  was  with  them. 

Q.    Do  you  know  him  well  ? 

A.   I  have  known  him  about  three  months. 

Q.    Did  you  see  them  on  Friday  ? 

A.   Yes,  sir ;  at  the  same  place. 

Q.  Were  you  there  when  the  news  of  the  President's  assassina- 
tion reached  there  ? 

A.   I  was.     I  was  standinor  in  front  of  the  door. 

Q.    Did  you  communicate  it  to  any  of  the  parties  ? 

A.  I  went  and  told  them  that  I  had  just  heard  from  a  cavalry 
sergeant,  who  had  been  at  the  door,  that  there  had  been  an  assassi- 
nation, and  that  Booth  was  the  one  who  had  done  it.  O'Laughlin 
seemed  surprised,  and  said  he  had  been  in  Booth's  company  very 
often,  and  people  might  think  he  had  something  to  do  with  it. 

Q.  You  are  certain  that  he  was  there,  and  that  you  communi- 
cated to  him  the  news  of  the  assassination  ? 

A.  Yes,  sir.  He  was  standing  right  at  the  end  of  the  bar.  He 
■was  the  first  one  I  spoke  to  when  I  went  in.  They  were  all  stand- 
ins:  too;ether,  drinkino;. 

Q.    In  answer  to  my  question  as  to  what  bis  condition  was,  you 
stated  that  he  seemed  surprised,  and  that  he  said  he  had  a  great' 
deal  to  do  with  Booth,  and  was  fearfid  people  would  suspect  him 
of  having  something  to  do  with  it  ? 

A.   Yes,  sir. 

Q.    What  time  did  you  leave  them  that  night  ? 

A.  It  was  near  one  o'clock.  I  do  not  remember '  exactly  the 
time  ;  but  it  was  after  twelve  ;  that  is,  the  whole  party. 

Q.    Do  you  remember  when  he  individually  left  ? 

A.   I  do  not. 

By  the  Coukt  : 

Q.  Do  you  say  you  have  known  him  about  three  months  'i  Ha? 
he  been  much  about  the  city  ? 

A.  Sometimes  he  would  come  down  pretty  often  in  a  week,  and 
sometimes  I  would  not  see  him  for  two  weeks. 

By  Mr.  Cox  : 

Q.    Has  he  generally  staid  at  your  house  in  town  ? 


TEE     TRIAL.  213 

A.   Yes,  sir  :  he  has  staid  there. 

Q.   Was  his  brother  once  in  business  here  ? 

A.   I  do  not  know  that :  I  do  not  know  his  brother. 

By  the  Court  : 

Q.    How  was  O'Laughlin  dressed  on  Thursday  night  ? 
A.   He  had  dark  clothes  on.     I  did  not  take  particular  attention 
of  his  dress.     When  he  came  there,  he  generally  had  dark  clothes. 

By  Mr.  Cox  : 

Q.    Look  at  his  dress  now,  and  say  whether  it  is  the  same. 
A.   I  cannot  say.     I  did  not  pay  much  attention  to  his  dress. 

John  H.  Fuller, 

a  witness  called  for  the  accused,  Michael  O'Laughlin,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Cox  : 

Q.  Do  you  reside  in  this  city  ? 

A.  Yes,  sir. 

Q.  Are  you  engaged  in  business  here  ? 

A.  Yes,  sir. 

Q.  Do  you  know  the  accused,  Michael  O'Laughlin  ? 

A.  Yes,  sir. 

Q.  How  long  have  you  known  him  ? 

A.  Twelve  or  fourteen  years. 

Q.  Did  you  see  him  on  either  Thursday,  the  13th,  or  Friday, 
the  14th,  of  April  last  ? 

A.  I  saw  him  on  Friday,  the  14th. 

Q.  Where? 

A.  At  Rullman's,  on  the  avenue. 

Q.  At  what  hour  ? 

A.  Between  seven  and  eio;ht  o'clock. 

Q.  Did  you  see  him  any  later  ? 

A.  I  saw  him  between  ten  and  eleven. 

Q.  How  near  to  ten  was  that  ? 

A.  I  cannot  say.     It  was  between  ten  and  eleven  :  I  do  not 

know  the  exact  time. 


214      "  THE     TRIAL. 

Q.  Do  you  remember  being  there  at  the  time  the  news  of  the 
President's  assassination  was  brought  there  ? 

A.    Yes,  sir. 

Q.    Was  he  there  then  ? 

A.   Yes,  sir. 

Q.    Did  he  go  off  with  you  ? 

A.   Yes,  sir. 

Q.    Did  he  stay  with  you  that  night  ? 

A.   Yes,  sir  :  at  the  Franklin  House,  where  I  was  stopping. 

Q.    What  time  did  he  leave  you  in  the  morning  ? 

A.   We  got  up  about  eight  o'clock,  I  think. 

Q.    Where  did  he  go  then  ? 

A.  We  went  up  to  New-Jersey  Avenue,  and  then  to  the  Lichau 
House ;  and  then  I  parted  with  him. 

Q.   Did  he  join  the  other  party  there,  do  you  know  ? 

A.   Yes,  sir  :  he  did. 

Q.  You  say  that  in  the  first  instance  you  saw  him  between  seven 
and  eight  o'clock  that  evening  ? 

A.   Yes,  sir. 

Q.  You  do  not  know  where  he  was  between  eight  and  ten 
o'clock  ? 

A.   I  do  not. 

Q.  What  was  his  conduct  that  evening  after  he  heard  the  news 
of  the  President's  assassination  ? 

A.   He  said  he  was  sorry  for  it  :  it  was  an  awful  thing. 

Q.    Did  he  show  any  fright,  as  if  he  had  been  mixed  up  with  it? 

A.   No,  sir  :  he  did  not. 

Q.    Did  he  say  any  thing  about  Booth? 

A.   No,  sir. 

Cross-examined  by  the  Judge  Advocate  : 

Q.   Why  did  O'Laughhn  go  home  with  you  that  night  ? 

A.  He  used  to  go  down  there  with  me  at  times  to  stay.  I  was 
stopping  there  then. 

Q.    He  was  stopping  at  another  hotel,  was  he  not  ? 

A.  He  was  stopping  at  another  hotel :  I  do  not  know  where  he 
stopped  on  Thursday  night. 


THE     TRIAL.  215 

Q.    Did  you  invite  him  to  go  with  you  ? 
A.   Yes,  sir. 

By  Mr.  Cox : 

Q.  Did  he  ever  reside  in  Washington  ? 

A.  Yes,  sir. 

Q.  Was  his  brother  in  business  here  ? 

A.  Yes,  sir. 

Thomas  Cottingham 
recalled  for  the  accused,  Mary  E.  Surratt. 

By  Mr.  Aiken  : 

Q.  Will  you  state  again  the  precise  language  that  Lloyd  used 
in  his  confession  to  you  with  reference  to  Mrs.  Surratt  ? 

The  Judge  Advocate  objected  to  the  repetition  of  this  question 
again. 

Mr.  Aiken  stated  that  he  proposed  to  follow  it  up  by  asking  the 
witness  whether  he  had  not  made  a  different  statement  to  him  [Mr. 
Aiken]  with  reference  to  what  Mr.  Lloyd  had  said. 

Assistant  Judge  Advocate  Bingham.  Ask  him  what  he  said 
to  you. 

Mr.  Aiken  [to  the  witness].     I  ask  you  what  I  stated  to  you. 

The  Witness.  If  the  Court  will  allow  me,  I  should  like  to  tell 
the  whole  conversation.  I  met  Mr.  Aiken  at  the  Metropolitan  Hotel 
on  Saturday  evening  last,  I  think.  He  asked  me  to  take  a  drink. 
I  went  up,  and  drank  with  him.  He  then  said,  *'  I  am  going  to 
have  you  as  a  witness  in  this  case."  He  asked  me  to  sit  down  on  a 
sofa,  and  have  some  conversation.  I  said  no,  it  would  not  look  well 
for  me  to  be  sitting  there  :  but  I  would  go  outside  and  take  a  walk. 
When  we  went  outside,  the  first  question  Mr.  Aiken  put  to  me  was, 
whether  I  was  a  Catholic.  I  said  I  was  not.  We  walked  along ; 
and  he  said,  ' '  Lloyd  has  made  a  confession  to  you. ' '  Said  I,  ' '  Yes. ' ' 
He  then  said,  "Will  you  not  state  that  confession  tome?"  I 
declined  to  do  it,  but  told  him  he  might  ask  any  questions,  and  I 
would  answer  them.  He  put  the  question  to  me,  if  Lloyd  had 
stated  that  Mrs.  Surratt  had  come  down  there,  and  told  him  to 
have  the  fire-arms  ready.     I  said  not.     I  had  an  object  in  that 


216  TEE     TRIAL. 

answer.  I  am  now  on  my  oath  ;  and  when  I  have  been  put  on  my 
oath  I  have  spoken  the  truth,  and  I  can  have  witnesses  to  prove  what 
I  say,  —  six  cavalrymen,  jMt.  Lloyd's  wife,  and  Mrs.  Offutt.  He 
wanted  to  pick  out  of  me  in  the  case.  That  is  not  my  business, 
I  am  an  officer,  and  I  did  not  want  to  let  him  know  any  thing  on 
either  side :  I  wanted  to  come  here  to  the  Court,  and  state  every 
thing  that  I  knew.  I  told  him  distinctly  that  I  would  not  give  him 
that  confession ;  that  I  had  no  right  to  do  so. 

Q.  [By  Mk.  Aiken.]  Did  I  ask  you  if  Mr.  Lloyd,  in  his  confes- 
sion, said  any  thing  at  all  in  reference  to  JVLrs.  Surratt  ? 

A.  You  asked  me  first  whether  Lloyd  had  made  a  confession  to 
me  ;  and  I  said,  "  Yes."  Said  you,  "  What  is  that  confession?  I 
should  like  to  know  it."  My  answer  to  you  was,  "  I  decline 
giving  you  that  confession ;  but,  if  you  will  ask  a  question,  I  will 
answer  you."  That  question  you  put  to  me,  and  I  answered:  I 
said,  "No." 

Q.    That  ^L".  Lloyd  did  not  say  so  ? 

A.    I  did  say  so.     I  do  not  deny  that. 

Q.  Then  what  did  you  tell  me  this  afternoon  with  reference  to 
it? 

A.  I  told  you  the  same  thing  over  again  in  the  court-room  when 
you  asked  me,  before  I  came  upon  the  stand.  It  is  a  pai-t  of  my 
business  —  I  am  a  detective  officer  —  to  gain  my  object.  I  obtained 
the  confession  from  Lloyd  through  strategy. 

Q.  Then  you  gave  me  to  understand,  and  you  are  ready  now 
to  swear  to  it,  that  you  told  me  a  lie  ? 

A.  Undoubtedly  I  told  you  a  lie  there  ;  for  I  thought  you  had 
no  business  to  ask  me. 

Q.  No  business  ?  As  my  witness,  had  I  not  a  right  to  have  the 
truth  from  you  ? 

A.  I  told  you  you  might  call  me  into  Court ;  and  I  state  here 
that  I  flid  lie  to  you ;  but,  when  put  on  my  oath,  I  told  the  truth. 

Edwaed  Murphy 

recalled  for  the  accused,  Michael  O'Laughlio. 
By  3Ir.  Cox  : 


THE     TRIAL.  217 

Q.  Did  you  see  O'Laugblin  in  Baltimore  oq  the  Sunday  after 
the  assassination  ? 

A.    Yes,  sir. 

Q.  Do  you  know  whether  or  not  he  had  been  informed  that 
officers  were  in  search  of  him  V 

A.    That  is  what  he  told  me. 

Q.  Did  he  tell  you  whether  he  was  going  to  surrender  himself 
up? 

A.  He  told  me  he  was  going  to  surrender  himself  on  the  Mon- 
day following. 

George  B.  Woods, 

a  witness  called  for  the  accused,  Mary  E.  Surratt,  being  duly  sworn, 
testified  as  follows :  — 

By  Mr.  Aiken  : 

Q.    TThere  do  you  reside  ? 

A.    In  Boston. 

Q.  Have  you  been  in  the  habit,  while  in  Boston,  of  seeing  pho- 
tographs of  the  leaders  of  the  Rebellion  exposed  for  sale  there  ? 

A.    Yes,  sir. 

Q.    Freely  exposed  ? 

A.  Yes,  sir :  photographs  of  celebrities  generally ;  the  same 
rebel  as  Union  celebrities,  I  think. 

Q.  Have  you  often  seen  them  in  the  possession  of  persons  sup- 
posed to  be  loyal  ? 

Assistant  Judge  Advocate  Bingham  objected  to  the  question 
as  immaterial. 

Mr.  Aiken  waived  the  question. 

The  Commission  then  adjourned  until  to-morrow  (Friday) ,  May 
26,  at  ten  o'clock,  a.m. 

Feidat,  May  26, 1865. 

The  Court  met  at  the  usual  hour,  and  the  record  of  yesterday 
was  read  by  ]Mr.  J.  J.  Murphy,  one  of  the  official  reporters,  and 
approved.    . 

!Mr.  Aiken  presented  the  following  application  :  — 

Mary  E.  Sun-att,  one  of  the  accused,  by  her  counsel,  asks  the 

TOL.  n.  19 


218  THE      TRIAL. 

Court  to  recall  Van  Steinacker,  one  of  the  witnesses  for  the  pros- 
ecution, for  the  purpose  of  a  further  cross-examination.    She  states, 
in  support  of  her  motion,  that  facts  have  come  to  her  knowledge 
since  the  examination  of  the  said  witness,  which  will,  she  thinks, 
enable  her  to  contradict  him  on  material  points  of  his  evidence. 

Mary  E.  Sureatt. 
By  Frederick  A.  Aiken,  her  counsel. 

Assistant  Judge  Adtocate  Bixgham  stated  that  there  had 
been  no  precipe  filed  by  any  of  the  accused  for  a  summons  requir- 
ing the  attendance  of  Van  Steinacker  as  a  witness.  He  had  been 
discharo-ed  from  attendance  as  a  witness,  and  was  no  lono-er  under 
the  control  of  the  Government.  If  the  accused  summoned  Van 
Steinacker  as  a  witness,  every  effort  would  be  made  to  procure  his 
attendance. 

Mr.  Aiken  stated  that  the  accused  did  not  wish  to  summon  him 
as  a  witness  on  their  behalf,  but  to  cross-examine  him. 

The  Commission  refused  to  entertain  the  application  at  the  pres- 
ent, a  subpoena  for  Tan  Steinacker  not  being  asked  for. 

Assistant  Judge  Advocate  Burnett  produced  (in  accordance 
with  a  request  of  the  counsel  for  the  accused,  Mary  E.  Surratt)  a 
letter  signed  by  "  M.  E.  Surratt,  administratrix  of  J.  H.  Surratt," 
and  addressed  to  Mr.  John  Nothey ;  and  also  a  letter  dated  "  Biv- 
ersdale,  xlpril  12,  1865,"  addressed  to  Mrs.  M.  E.  Surratt,  and 
signed  "  Greorge  H,  Calvert,  Jr." 

B.    F.    GWYNN 

recalled  for  the  accused,  Mary  E.  Surratt. 
By  Mr.  Aiken  : 

Q.  Did  you  carry  a  letter  from  Mrs.  Surratt  to  Mr.  Nothey  ? 

A.  Yes,  sir. 

Q.  Did  you  read  that  letter  ? 

A.  Yes,  sir. 

Q.  [Submitting  a  letter  to  the  witness.]      Examine  the  letter, 
and  state  if  it  is  the  one. 

A.  It  is. 


THE     TRIAL.  219 

[The  letter  was  offered  in  evidence  without  objection,  and  read 
as  follows :  — 

"  SURRATTSVILLE,  Md.,  April  14,  1865. 

*'  Mr.  John  Nothey. 

"Sir,  —  I  have  this  day  received  a  letter  from  Mr.  Calvert, 
intimating  that  either  you  or  your  friend  have  represented  to  him 
that  I  am  not  willing  to  settle  with  you  for  the  land. 

"  You  know  that  I  am  ready,  and  have  been  waiting  for  the  last 
two  years  ;  and  now,  if  you  do  not  come  within  the  next  ten  days, 
I  will  settle  with  Mr.  Calvert,  and  bring  suit  against  you  immedi- 
ately. 

"  Mr.  Calvert  will  give  you  a  deed  on  receiving  payment. 

*'  M.    E.  SURRATT, 

"Administratrix  of  J.  H.  Surratt."] 

Q.    Did  you  see  Mrs.  Surratt  again  during  that  day  ? 
A.   No,  sir. 

Rev.  Peter  Laniiian, 

a  witness  called  for  the  accused,  Mary  E.  Surratt,  being  duly  sworn, 
testified  as  follows  :  — 

By  Mr.  Aiken  : 

Q.  State  to  the  Court  where  you  reside,  and  what  is  your  occu- 
pation. 

A.  I  reside  in  Charles  County,  Md.,  near  a  village  called  Bean- 
town.     I  am  a  Catholic  priest. 

Q.  Are  you  acquainted  with  the  prisoner  at  the  bar,  Mary  E. 
Surratt  ? 

A.   Yes,  sir. 

Q.  Do  you  recognize  her  now  ?  [Mary  E.  Surratt  stood  up  for 
identification.] 

A.   I  reco2;nize  her. 

Q.    How  long  have  you  been  acquainted  with  her? 

A.   About  thirteen  years. 

Q.    Has  the  acquaintance  been  of  an  intimate  character  ? 

A.   Yes,  sir,  for  about  nine  years. 


220  THE     TRIAL. 

Q.  Are  you  acquainted  with  her  general  reputation  as  a  Chris- 
tian woman  ? 

A.    Yes,  sir. 

Q.    What  is  that  reputation  ? 

A.  She  is,  in  my  estimation,  a  very  good  Christian  woman ; 
highly  honorable. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.    State  what  her  general  reputation  is,  not  your  estimation. 

A.  Her  character  stands  in  her  neighborhood  as  that  of  a  good 
Christian  woman. 

Q.  [By  Mr.  Aiken.]  Has  she  been  constant  in  her  attention 
to  her  reli2;ious  duties  ? 

A.  I  cannot  exactly  say  that,  because  she  does  not  belong  to 
my  congregation.     She  has  been  several  times  to  my  church. 

Q.  Have  you  ever  heard  Mrs.  Surratt  at  any  time  or  on  any 
occasion  express  disloyal  sentiments  ? 

A.   Never.    - 

Q.  Have  you  ever  in  your  intercourse  with  her  learned,  so  that 
you  can  state  now  from  your  own  knowledge,  any  thing  of  defec- 
tive eyesight  on  her  part  ? 

A.   I  cannot. 

Q.  Has  she,  whenever  she  has  been  present  with  you,  been  un- 
able to  recognize  friends  of  hers  a  short  distance  from  her  ? 

A.   I  do  not  remember.     I  cannot  swear  to  that. 

Cross-examined  by  the  Judge  Advocate  : 

Q.  Have  you  had  much  or  any  conversation  with  her,  since  the 
Rebellion,  in  regard  to  current  events  and  public  affairs? 

A.   Yes,  sir. 

Q.  Have  you  ever  heard  her  express  a  loyal  sentiment  since  th-^ 
Bebellion  ? 

A.   I  do  not  remember  that  I  have. 

Q.    Is  not  her  reputation  that  of  a  disloyal  woman  ? 

A.  I  think  not ;  at  least,  she  never  expressed  those  sentiments 
to  me. 

Q.    Then  you  do  not  know  what  her  reputation  is.      Have  you 


THE     TRIAL.  221 

ever  heard,  her  reputation  for  loyalty  or  disloyalty  spoken  of  at 
all? 

A.   I  may  have  heard  it ;  hut  I  cannot  remember. 

Q,    You  have  no  recollection  of  what  it  was? 

A.  I  have  not ;  but  I  know  she  never  expressed  any  disloyal 
sentiments  to  me,  and  I  have  been  very  familiar  with  her,  —  staid 
at  her  house. 

Rev.  N.  D.  Young, 

a  witness  called  for  the  accused,  Mary  E.  Surratt,  being  duly  sworn, 
testified  as  follows :  — 

By  Mr.  Aiken  : 

Q.    State  to  the  Court  your  residence  and  occupation. 

A.  I  reside  at  the  pastoral  house  of  St.  Dominic's  Church,  on 
the  Island,  in  Sixth  Street,  in  Washington  City.  I  am  a  CathoHc 
priest,  —  one  of  the  pastors  of  that  church. 

Q.  Are  you  acquainted  with  the  prisoner  at  the  bar,  Mary  E, 
Surratt  ? 

-A.   Yes,  sir  :  I  have  become  acquainted  with  her. 

Q.    How  long  have  you  known  her  ? 

A.  I  think  it  is  about  eight  or  ten  years  since  I  became  acquaint- 
ed with  her. 

Q.  Has  the  acquaintance  during  that  time  been  of  an  intimate 
character  ? 

A.  Not  that  I  can  say  intimate.  I  have  occasionally  seen  her, 
and  visited  her  occasionally.  I  had  a  congregation  in  that  part  of 
the  country  where  she  lived,  and  passed  by  her  house  about  once  a 
month,  and  called  there  a  few  moments  generally,  sometimes  stay- 
'ng  half  an  hour  or  so. 

Q.  Are  you  acquainted  with  her  general  reputation  as  a  Chris- 
tian larly  ? 

A.    I  think  I  am. 

Q.    What  is  that  reputation  ? 

A.   Her  reputation  is  that  of  a  Christian  lady  in  every  sense  of 
he  word,  so  fiir  as  I  have  heard.     I  have  heard  her  spoken  of  with 
the  greatest  praise  by  all  her  acquaintance  within  my  knowledge. 
19* 


222  THE     TRIAL. 

I  never  heard  any  thing  but  what  was  highly  favorable  to  her  char- 
acter. 

Q.  Have  you  ever  heard  her,  in  all  her  intercourse  with  you, 
express  any  disloyal  sentiments  on  any  occasion  ? 

A.  Never.  I  do  not  recollect  of  ever  hearing. her  speaking  on 
the  question. 

Q.  Have  you  in  your  intercourse  with  her,  or  can  you  state  to 
the  Court  whether  from  personal  knowledge  you  have,  learned  any 
thing  of  defective  eyesight  on  her  part  ? 

A.  No,  sir :  I  never  heard  of  her  having  weak  eyes.  I  never 
heard  any  thing  of  the  kind. 

Q.  You  never  have  been  present  with  her  when  she  has  been 
unable  to  recognize  her  friends  at  a  little  distance  ? 

A.  No,  sir ;  not  that  I  remember.  I  do  not  remember  any  cir- 
cumstances of  the  kuad. 

Cross-examined  by  the  Judge  Advocate  : 

Q.  You  say  you  have  never  heard  her  express  any  sentiment, 
loyal  or  disloyal,  in  regard  to  current  events  ? 

A.  No,  sir :  I  never  heard  her  speak  on  the  subject,  to  my  re- 
collection. 

George  H.  Calvert 

recalled  for  the  accused,  IMary  E.  Surratt. 

By  Mr.  Aiken  : 

Q.  State  to  the  Court  whether,  on  or  about  the  13th  of  April 
last,  you  addressed  a  letter  to  Mrs.  Mary  E.  Surratt. 

A.   I  did. 

Q.  [Submitting  to  the  witness  a  letter.]  Examine  that  letter, 
and  say  if  it  is  the  one. 

A.    It  is. 

[The  letter  was  olBfered  in  evidence  without  objection,  and  read 
as  follows :  — 

"  RiVEESDALE,  April  12,  1865. 

*'  Mrs.  M.  E.  Surratt. 

''  Dear  Madam,  —  During  a  late  visit  to  the  lower  portion'of  the 
county,   I  ascertained  of  the  willingness  of  Mr.  Nothey  to  settle 


THE     TRIAL.  223 

with  you ;  and  desire  to  call  your  attention  to  tlae  fact,  in  urging 
the  settlement  of  the  claim  of  my  late  father's  estate.  However 
unpleasant,  I  must  insist  upon  closing  up  this  matter,  as  is  impera- 
tive in  an  early  settlement  of  the  estate,  which  is  necessary. 

"  You  will,  therefore,  please  inform  me,  at  your  earliest  conve- 
nience, as  to  how  and  when  you  will  be  able  to  pay  the  balance 
remaining  due  on  the  land  purchased  by  your  late  husband. 
"  I  am,  dear  madam,  yours  respectfully, 

"  Geo.  H.  Calvert,  Jr."] 

Q.    Were  you  at  Surrattsville  on  the  14th  of  April  last  ? 
A.   No,  su*. 

Q.  Do  you  know,  from  your  knowledge,  that,  in  obedience  to 
that  letter,  Mrs.  Surratt  went  there  ? 

Assistant  Judge  Advocate  Bingham  objected  to  the  question, 
and  it  was  waived. 

William  L.  Hoyle, 

a  witness  called  for  the  accused,  Mrs.  Mary  E.  Surratt,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Aiken  : 

Q.    Where  do  you  reside  ? 

A.   In  Washington :  No.  58,  Missouri  Avenue. 

Q.  Are  you  acquainted  with  the  prisoner  at  the  bar,  Mary  E. 
Surratt  ? 

A.   I  have  a  store  acquaintance  with  her. 

Q.    Are  you  acquainted  with  her  general  character  ? 

A.  Not  particularly.  I  know  nothing  of  her,  —  only  a  store 
acquaintance.     I  have  heard  nothing  against  her. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.    Have  you  met  her  many  times  yourself? 

A.    Only  in  the  store.     I  have  not  met  her  otherwise. 

By  Mr.  Aiken  : 

Q.    AVhat  is  her  general  reputation  ? 

Assistant  Judge  Advocate  Bingham  objected  to  the  question, 


224  THE     TRIAL. 

as  the  witness  had  stated  distinctly  that  he  did  not  know  any  thing 
about  it. 

The  question  was  waived. 

Q.  [By  Mr.  Aiken.]  Have  you  ever  heard  IMrs.  Surratt  express 
any  disloyal  sentiments  in  your  presence  V 

A.   I  have  not,  nor  any  other  in  this  Rebellion,  but  very  seldom. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.    And  never  heard  her  utter  any  loyal  sentiments? 
A.   I  never  have,  either  loyal  or  disloyal.     It  was  only  as  a  cus- 
tomer that  I  knew  her. 

By  Mr.  Aiken  : 

Q.    Then  you  never  had  any  political  conversation  with  her? 

A.   I  never  had. 

Q.  Will  you  state  to  the  Court  whether  you  are  acquainted  with 
John  H.  Surratt? 

A.   I  know  him  by  sight.     I  know  nothing  further  of  him. 

Q.    When  did  you  last  see  him  in  this  city? 

A.  I  think,  about  the  latter  part  of  February  or  the  first  of 
March :  to  the  best  of  my  knowledge,  just  prior  to  the  draft.  I 
am  not  posted  exactly  as  to  when  the  draft  took  place ;  but  it  was 
prior  to  the  draft  that  I  saw  him. 

Q.    Will  you  give  a  description  of  his  personal  appearance  ? 

A.  So  far  as  I  can,  I  will.  He  is  a  tall,  delicate-looking  man, 
rather  light  complected  ;  I  should  think,  about  between  twenty  and 
twenty-two  or  twenty-three  years  of  age ;  about  six  feet  in  height, 
and  rather  delicate  in  his  appearance.  That  is  as  far  as  I  could 
describe  him,  for  my  life. 

Q.    Did  he  wear  a  goatee  or  mustache  ? 

A.  That  I  cannot  say,  for  I  never  noticed  particular  enough  to 
know  that ;  but  I  really  think  he  had  none  when  I  saw  him  last, 
though  I  would  not  be  positive  about  it. 

Q.    And  you  think  you  saw  him  last  about  the  first  of  March  ? 

A.  A  few  days  prior  to  the  draft,  I  saw  him  in  the  store,  and 
then  only  saw  him  for  a  few  moments. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.    He  was  a  slender  man,  was  he  not? 


THE     TRIAL.  'I'lb 

A.    A  tall,  delicate  man. 
Q.    But  was  be  not  slender? 
A.    Yes,  sir;  rather  slender. 

Q.    Do  you  know  that  he  was  over  five  feet  nine  inches  in  height  ? 
A.   I  do  not  know  positively ;  but  from  his  appearance  I  should 
think  he  was. 

P.  H.  Maulsby, 

a  witness  called  for  the  accused,  Michael  O'Laughlin,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Cox  : 

Q.    Will  you  state  to  the  Court  where  you  reside,  and  what  your 
occupation  is  ? 

A.   I  reside  in  Baltimore  :  I  am  a  clerk. 

Q.    To  whom  ? 

A.   I  am  with  Eaton  Brothers  &  Company. 

Q.    Are  you  related  to  the  accused,  Michael  O'Laughlin  ? 

A.    I  am  his  brother-in-law. 

Q.  Will  you  state  when  Michael  O'Laughlin  came  to  Baltimore 
from  the  South  ? 

A.  I  do  not  know  that  I  could  state  positively  the  month  :  I 
think  it  was  in  August,  1862. 

Q.  Will  you  state  what  his  occupation  lias  been  from  that  time 
to  the  present? 

A.  When  he  returned  in  18G2,  he  remained  at  home  for  the 
space  of  about  a  month.  He  came  home  somewhat  sick.  He  then 
went  with  his  brother,  who  was  in  business  in  the  city  of  Washing- 
ton, in  the  produce  and  feed  business.  He  remained  with  him  until 
the  fall  of  18G3. 

Q.    Did  his  brother  remove  from  Washington  at  that  time  ? 

A.  I  think  his  brotlier  made  a  sale  of  his  place  here  in  Washing- 
ton rather  later  than  that ;  but  he  removed  from  here,  leaving  his 
houee  as  a  branch  business  with  his  Baltimore  business ;  and 
Michael  attended  to  his  business  for  him  up  to  the  14th  of  March, 
I  think  it  was,  of  this  year ;  that  is,  there  were  evidences  of  debt 


226  THE     TRIAL. 

that  Michael  had  the  collection  of,  and  receiving  orders  from  cus- 
tomers here,  which  his  brother  supplied  from  Baltimore. 

Q.  Did  his  engagements  for  his  brother  require  him  to  be  ia 
Washino-ton  then  ? 

A.  I  should  think  they  did.  I  could  not  say  positively  how 
frequently  he  came  to  Washington ;  but  he  was  here  off  and  on  for 
that  period,  from  the  time  his  brother  gave  up  business  here  until 
the  14th  of  March. 

Q.    Did  you  know  J.  Wilkes  Booth  ? 

A.   Yes,  sir  :  I  knew  him  intimately. 

Q.  Was  he  intimate  with  the  family  of  the  accused,  Michael 
O'Laughhn? 

A.  Mrs.  Booth  owns  the  property,  and  resided  opposite  our 
house  for  four  years.  The  boys,  Michael  and  William,  were  school- 
mates of  John  Booth.  They  attended  school  at  a  Mr.  Smith's, 
whose  school  was  not  veiy  far  from  our  house,  on  the  other  side  of 
the  street. 

Q.    How  long  has  the  intimacy  continued  between  them  ? 

A.   To  my  positive  knowledge,  it  has  been  about  twelve  years. 

Q.    It,  then,  has  not  been  of  recent  origin? 

A.   No,  sir. 

Q.  Where  was  Michael's  home  in  Baltimore  after  he  left  Wash- 
ington ? 

A.   He  lived  with  me  at  No.  57,  North  Exeter  Street. 

Q.  Can  you  state  where  he  was  during  the  month  of  April  before 
the  13th  of  April? 

A.  From  the  18th  of  March  until  he  came  down  to  Washington,- 
on  the  13th  of  April,  he  was  with  me. 

Q.  Can  you  speak  with  certainty  about  his  being  at  home  during 
that  time,  or  any  part  of  that  time  ? 

A.  I  can  speak  with  certainty  from  the  30th  of  March  or  the  1st 
of  x\pril  to  the  12th  of  April.     I  am  positive  alout  that. 

Q.  Will  you  state  what  you  know  of  his  whereabouts  during  the 
month  of  March  ? 

A.  On  the  7th  of  March,  I  am  positive  he  was  at  liome,  and 
remained  at  home  for  some  days  :  how  many  I  am  not  able  to  state 
posi'/ively. 


THE     TRIAL.  227 

Q.  Do  you  know  of  his  being  sent  to  Washington  by  his 
brother  ? 

A.   I  do. 

Q.    At  what  time  ? 

A.  On  the  13th  of  March ;  and  his  brother  telegraphed  him  on 
the  14th.  He  told  him  on  the  13th  that  there  was  an  order  to  send 
a  car-load  of  hay  to  a  gentleman  by  the  name  of  McCarthy  here, 
but  he  was  not  positive  as  to  his  ability  to  get  a  car,  and  he  would 
telegraph  him  when  he  got  it ;  and  on  the  14th  he  telegraphed  him 
that  the  hay  was  sent,  and  for  him  to  look  out  for  it. 

Q.  [Exhibiting  a  telegraphic  despatch  to  the  witness.]  I  ask  you 
to  look  at  this,  and  state  whether  that  is  the  handwriting  of  his 
brother. 

A.  This  is  not  the  handwriting  of  his  brother ;  but  it  is  a  copy 
of  the  telejrram  sent  to  Michael  on  the  14th  of  March. 

The  telegram  was  read,  as  follows  :  — 

"  Baltimore,  March  14,  1865. 

''To  M.  0' Laughlin,  Franklin  Hotel,  Washington,  D.  C, — 
"  We  have  shipped  McCarthy's  hay.    Look  out  for  it  to-morrow. 

"  S.  W.  Laugiilin." 

[The  original  of  the  foregoing  telegram  was  offered  in  evidence 
without  objection.] 

Q.    When  did  he  return  to  Baltimore  then  ? 

A.  He  returned,  as  well  as  I  can  recollect,  on  the  succeeding 
Saturday.  I  am  not  positive  as  to  the  date ;  but  he  returned  on 
the  succeeding  Saturday. 

Q.  The  14th  of  March  was  on  Tuesday ;  and  you  say  he  re- 
turned on  the  following  Saturday  ? 

A.   Yes,  sir,  as  well  as  my  recollection  serves  me. 

Q,    Do  I  understand  you  to  say,  that  from,  the  time  he  came 
back,  to  the  best  of  your  recollection,  he  remained  at  home  until  he 
came  down  to  Washington,  on  the  12th  or  13th  of  April  ? 
'    A.   Yes,  sir ;  on  the  13tli  of  April. 

Q.    Do  you  know  where  he  was  during  the  month  of  February  ? 

A.   I  could  not  state  positively.     He  was  home  on  the  7th  and 


228  THE     TRIAL. 

14th  of  February,  that  being  St.  Valentine's  Day,  which  leads  me 
to  recollect  it. 

Q.  During  that  time,  I  -would  like  you  to  state  whether  he  was 
much  at  home,  or  little,  according  to  your  recollection. 

A.  My  impression  is  that  he  was  home  from  about  the  14th  for 
a  couple  of  weeks.  I  am  led  to  that  impression  by  having  a  seam- 
stress at  the  house  at  the  time,  who  remained  with  me  about  two 
weeks. 

Q.    Did  she  make  any  remarks  that  led  you  to  remember  it  ? 

Assistant  Judge  Advocate  Bingham  objected  to  the  question. 
The  question  was  waived. 

Q.  [By  Mr.  Cox.]  I  desire  you  to  state  to  the  Court  the  cir- 
cumstances of  his  surrender  of  himself,  or  his  arrest,  as  the  case 
may  be,  after  the  assassination  of  the  President. 

A.   Yes,  sir  :  I  felt  myself  — 

Assistant  Judge  Advocate  Bingham.  You  need  not  state 
what  you  thought  about  it  yourself. 

Q.  [By  Mr.  Cox.]  At  what  time  did  he  arrive  at  home  after 
the  assassination  ? 

A.  He  came  up  on  Saturday  evening.  I  saw  him  about  seven 
o'clock. 

Q.    Had  the  ofl&cers  been  to  the  house  then  in  search  of  him  ? 

A.   They  had. 

Q.    Did  you  inform  him  of  that  ? 

A.   I  did. 

Q.    Then  what  took  place  ? 

A.   He  told  me  that  — 

Assistant  Judge  Advocate  Bingham  objected  to  the  accused 
giving  his  own  declaration  in  evidence,  for  the  reason  that  he  had 
stated  yesterday,  in  regard  to  a  similar  question,  in  which  he  had 
been  sustained  by  the  Court,  that,  if  such  a  rule  as  that  were 
adopted  and  acted  upon  by  courts,  all  that  a  guilty  man  would  have 
to  do,  after  he  had  committed  a  gi-eat  crinie,  would  be  to  pour  his 
statements  into  the  ears  of  all  honest  people  that  he  met  up  to  the 
time  of  his  arrest,  and  then  prove  those  statements  on  his  trial. 


THE     TRIAL.  229 

The  law  says  that  he  should  not  do  any  such  thing ;  and  he  [the 
Assistant  Judge  Advocate]  objected  to  it  on  that  account. 

Mr.  Cox  stated  that  he  desired  to  prove  by  this  witness  that  the 
prisoner,  Michael  O'Laughlin,  was  informed  that  the  officers  had 
been  in  pursuit  of  him  ;  that  he  informed  the  witness  that  he  had 
an  engagement  on  Saturday  night,  but  would  communicate  with 
him  the  next  day  ;  that,  on  Monday,  he  did  send  for  him  to  come 
to  him,  and  authorized  him  to  procure  an  officer,  and  put  himself  in 
his  custody ;  declaring  all  the  time  his  entire  innocence  of  any 
complicity  with  this  affair. 

The  Judge  Advocate  said  the  witness  could  be  instructed  that 
he  is  not  to  give  the  declarations  of  the  prisoner,  but  simply  his  acts, 
in  evidence. 

The  question  was  waived. 

Q.    [By  Mr.  Cox.]     You  say  you  informed  him  on  Saturday 
afternoon  that  the  officers  had  been  in  search  of  him  ? 
A.   I  did. 
Q.    Did  he  protest  his  innocence  ? 

Assistant  Judge  Advocate  Bingham  objected  to  the  question. 
There  was  no  authority  in  the  world  for  such  a  question  as  that :  it 
was  a  burlesque  upon  judicial  proceedings. 

Mr.  Cox  insisted  on  the  question.  If  a  party  flees,  and  avoids 
an-est,  it  would  certainly  be  receivable  for  the  prosecution  ;  but  if 
he  candidly  comes  forward,  and  says,  "  I  am  not  guilty,  and  I  offer 
myself  for  investigation  and  trial,"  it  should  equally  be  receivable 
for  the  defence. 

The  Judge  Advocate  stated  that  that  was  not  the  rule  of  law. 
The  Government  could  fdve  the  declarations  of  the  accused  in  evi- 
dence  ;  but  it  did  not  follow  from  that  that  he  could. 

Mr.  Cox  replied,  that,  where  it  was  a  part  of  his  conduct,  he 
could.  He  could  not  prove  his  innocence  by  declaring  himself  so ; 
but,  where  it  was  a  part  of  his  conduct,  it  was  receivable  upon  the 
question  of  how  far  he  was  conscious  of  guilt. 

Assistant  Judge  Advocate  Bingham,  in  rejoinder,  inquired 
whether  the  counsel  would  pretend  to  say  that  there  was  the  least 
colorable  excuse  for  the  claim  that  a  man  charged  with  a  crime 

VOL.  n.  20 


230  THE     TRIAL. 

could  of  his  own  act,  especially  when  he  finds  that  the  officers  of 
the  law  are  at  his  door,  hunt  up  one  of  his  kinsmen,  tell  him  his 
predicament,  protest  his  innocence,  and  prove  that,  and  then  go  to 
the  officers,  and  surrender  himself  up  to  them,  and  tell  them  he  was 
innocent,  and  prove  that.  Could  it  be  possible  that  a  man  was 
permitted  to  manufacture  evidence  on  his  own  motion  in  that  way 
to  cover  his  crimes  ?  If  the  Government  had  attempted  to  prove 
any  thing  that  he  said  or  did  at  the  time  of  his  arrest,  the  counsel 
would  have  a  right  to  ask  for  all  that  he  said  on  that  occasion ;  but 
the  Government  had  not  done  any  thing  of  the  sort. 

Mr.  Cox  said  that  was  just  what  the  Government  had  done,  — 
they  had  attempted  to  prove  that  the  accused  (O'Laughlin)  went 
away  from  home  to  avoid  arrest,  and  that  he  was  aiTCsted  at 
another  house. 

The  Commission  sustained  the  objection. 

Q.  [By  Mr.  Cox.]  State  to  the  Court  whether  or  not  on  Mon- 
day morning  the  defendant,  Michael  O'Laughlin,  authorized  you  to 
procure  an  officer  to  take  him  into  custody ;  in  other  words,  whether 
he  voluntarily  surrendered  himself. 

A.   He  did. 

Q.    How  long  have  you  known  the  accused,  Michael  O'Laughlin? 

A.  I  have  known  him  for  about  twelve  years ;  probably  longer 
than  that. 

Q.  I  will  ask  you  to  state  his  disposition  and  character ;  whether 
he  is  violent  and  bad-hearted,  or,  on  the  contrary,  is  amiable,  mild- 
tempered,  &c. 

A,  As  a  boy,  he  was  always  a  very  timid  boy.  From  my  obser- 
vation of  twelve  years,  I  believe  him  to  be  the  last  one  who  would 
have  any  thing  — 

Assistant  Judge  Advocate  Burnett.  What  you  believe  is 
not  evidence. 

jMr.  Cox.  I  meant  to  ask  the  witness  whether,  from  his  knowl- 
edge of  the  accused,  he  believes  him  capable  of  being  engaged  in 
any  thing  of  this  sort. 

Assistant  Judge  Advocate  Bingham.  I  object  to  his  swear- 
inor  to  conclusions.     He  can  state  the   o-eneral  character  of  the 

o  o 


THE      TRIAL.  231 

accused ;  but.  lie  cannot  swear  to  conclusions.  That  is  a  matter 
exclusively  for  the  Court. 

The  Witness.  I  was  merely  about  to  speak  of  his  capability, 
judging  from  my  observation  of  his  disposition. 

Assistant  Judge  Advocate  Bingham.  You  can  state  his  dis- 
position. 

Q.  [By  Mr.  Cox.]  State  what  his  disposition  is  as  to  amiabili- 
ty, peacefulness,  &c. 

A.   I  have  always  regarded  him  as  an  amiable  boy. 

Q.   Was  he  violent  on  political  questions  ? 

A.  I  never  recollect  having  seen  him  in  a  passion  in  my  life. 
On  political  questions  he  has  never  been  violent.  I  have  never 
heard  him  express  any  opinion,  except  in  a  very  moderate  way,  on 
the  issues  of  the  times. 

Q.  There  has  been  some  testimony  by  Mr.  Wallace  about  his 
arrest  of  the  accused.  I  would  like  you  to  state  the  facts  in  regard 
to  that  alleged  arrest,  and  what  Mr.  Wallace  had  to  do  with  it.  In 
the  first  place,  I  will  inquire  whether  Michael  had  authorized  you  to 
go  for  an  officer. 

Assistant  Judge  Advocate  Bingham.     That  I  object  to. 

Mr.  Cox.  Then  I  will  ask  the  witness  whether  he  went  for  an 
officer,  and  whom  he  procured. 

A.  The  facts  in  the  case  are  simply  these :  When  I  met  Michael, 
I  suggested  to  liim  — 

.  Assistant  Judge  Advocate  Bingham.    You  need  not  state  any 
thing  that  you  said  to  Michael. 

Q.  [By  ]Mr.  Cox.]  State  what  you  did  after  leaving  him  on 
Monday  morning. 

A.   On  Monday  morning,  he  sent  for  me,  and  said  — 

'     Assistant  Judge  Advocate  Bingham.      You  need   not  state 
what  he  said. 

Q.  [By  Mr.  Cox.]  What  did  you  do  in  consequence  of  what 
he  said  to  you  ? 

Assistant  Judge  Advocate  Bingham  objected  to  the  question. 

Mr.  Cox  said  he  wanted  to  get  at  exactly  the  facts  with  reference 


232  THE     TRIAL. 

to  the  manner  in  wbicli  the  arrest  was  made,  to  show  that  it  was 
made  at  the  instance  of  the  defendant  himself ;  that  it  was  virtually 
a  surrender  of  himself  into  the  custody  of  the  officers  of  the  law ; 
that  the  witness  went  and  produced  an  officer,  and  took  him  to  the 
house  where  O'Laughlin  was  ;  and  that  he  voluntarily  came  out, 
and  surrendered  himself  to  the  officer. 

Assistant  Judge  Advocate  Bingham  replied,  that  the  question 
assumed  that  the  accused  told  the  witness  something; ;  and  the  wit- 
ness  was  asked  to  swear,  that,  in  consequence  of  what  the  accused 
told  him,  he  did  something  else.  Tlie  counsel  had  no  right  to  as- 
sume any  thing  here  as  proof  that  was  not  proof;  and  more  espe- 
cially had  he  no  right  to  assume  as  proved  what  was  incapable  of 
being  proved, — the  declarations  of  his  client. 

Mr.  Cox  rejoined,  that  the  whole  object  of  the  inquiry  was  to  as- 
certain, for  the  satisfaction  of  the  Court,  whether  the  accused,  with 
that  consciousness  of  innocence  which  would  govern  a  man  who  was 
innocent,  did  really  act  in  accordance  with  that  consciousness  of  in- 
nocence, which  was  the  best  evidence  of  innocence,  by  voluntarily 
submitting  himself  to  the  officers  of  justice,  professing  his  willing- 
ness to  submit  to  an  investigation.  If  the  flight,  which  the  prose- 
cution have  attempted  to  prove,  was  evidence  of  guilt,  certainly  it 
was  competent  for  the  defendant  to  meet  that  evidence  by  proof,  on 
the  contrary,  that  there  was  no  flight,  no  evasion,  but  a  voluntary 
submission  to  the  officers  of  the  law,  with  a  view  of  having  the 
merits  of  the  case  fairly  tried. 

Assistant  Judge  Advocate  Bingham  said  the  cou^nsel  wished 
to  prove  what  the  Court  had  said  should  not  be  proved.  The 
Court  had  ruled  that  the  counsel  should  not  prove  what  O'Laugh- 
lin had  said  to  the  witness  about  surrenderins;  him,  and  he  did  not 
prove  it ;  but  now  he  assumed  that  he  did  do  it,  and  the  witness 
was  asked  to  state  what  he  did  in  consequence  of  what  O'Laughlin 
had  said  to  him.  If  ever  an  illegal  question  was  put  in  a  court  of 
justice,  this  was  one,  because  it  was  an  assumption  that  a  thing  was 
proved  which  the  Court  had  excluded  from  being  proved  to  start 
with.  If  the  counsel  chose  to  ask  the  witness  whether  he  himself 
had  surrendered  the  accused  to  an  officer,  he  would  not  object 
to  that. 


THE     TRIAL.  233 

The  Judge  Advocate  said  that  the  witness  might  be  asked  if  he 
did  it  himself,  or  if  he  did  it  by  the  prisoner's  authority. 

JMr.  Cox.  That  is  what  I  want  to  prove,  and  I  will  vary  the 
question  to  read  as  follows  :  — 

Q.  State  whether  you  surrendered  the  accused  into  the  custody 
of  an  officer  by  the  authority  of  the  accused  himself. 

A.    I  did,  sir ;  most  certainly. 

Q.  Did  you  take  the  officer  to  the  house  where  O'Laughlin 
was  ? 

A.  No,  sir.  I  would  be  very  glad  to  state  to  the  Court  all  the 
circumstances  surrounding  the  case.  I  was  proceeding  to  state  that 
I  had  seen  the  accused  on  Saturday  evening,  and  an  arrangement 
was  then  made,  as  I  understood  it,  for  Sunday  morning. 

Mr.  Cox  [at  the  suggestion  of  the  Judge  Advocate]  stated  to 
the  witness  that  his  statement  should  be  confined  to  what  was  done, 
and  should  not  include  w'feit  the  accused  had  said  to  him. 

A.  I  shall  endeavor  to  do  so.  On  Saturday  evening,  at  seven 
o'clock,  I  met  Mr.  O'Laughlin  and  Mr.  Early  together.  They  had 
then  just  returned  from  Washington.  It  is  difficult  for  me  to  make 
up  a  connected  narrative  of  the  case  without  stating  the  remarks 
made  to  me  by  Michael. 

Assistant  Judge  Advocate  Bingham.  The  witness  can  only 
state  what  he  did. 

Mr.  Cox  [to  the  witness].  State  what  passed  between  you 
and  Officer  Wallace. 

K.  I  saw  Mr.  Wallace  for  the  first  time  on  Sunday,  at  my 
house. 

Q.    Did  he  come  there  in  search  of  the  accused  ? 

A.  Yes  :  he  came  there  in  search  of  Michael.  Other  officers  were 
with  him  at  the  time. 

Q.  I  think  you  also  stated  that  officers  had  been  there  on  Satur- 
day, before  Michael  returned  home? 

A.  I  believe  they  had  been.  I  did  not  see  them.  I  was  not 
at  home.     On  Monday,  I  was  sent  for  by  Michael. 

Q.    Did  you  go  then  for  an  officer? 

A.  I  went  for  a  hack,  and  called  for  Mr.  Wallace  at  Carmichael's 
office  as  a  prudential  measure  only.     Mr.  Wallace  was  not  aware  of 

20* 


234  THE     TRIAL. 

his  whereabouts  at  that  time.      As  feeling  ran  very  high  at  that  time, 
I  supposed  that  would  be  the  best  course  to  pursue.     I  took  a  hack 
at  Monument  Square  as  we  passed  Carmichael's  office,  and  Mr.  Wal-' 
lace  went  with  us. 

Q.    "Who  else  was  with  you  ? 

A.  Mr.  James  S.  Allison  was  with  me.  We  then  went  to 
Monument  Square,  and  took  a  hack  there.  Mr.  Early  and  Mr. 
Allison  and  Mr.  Wallace  remained  in  the  hack,  while  I  went  into  the 
house,  and  Michael  came  out  with  me.  After  we  got  into  the  hack, 
I  introduced  him  to  the  two  gentlemen ;  and,  as  far  as  my  knowledge 
goes,  there  was  nothing  said  from  that  time  until  we  reached  the 
marshal's  office. 

Q.  I  think  you  stated,  in  your  examination,  that  on  Saturday 
evening  3Iichael  told  you  he  had  an  engagement  with  a  friend  that 
night  ? 

A.    Yes,  sir  :  he  told  me  that. 

Q.  I  ask  you  to  state,  further,  whether  he  offered  to  inform  you 
where  he  could  be  found  that  night,  if  wanted. 

Assistant  Judge  Adyocate  BiNGmvM  objected  to  the  question, 
and  the  Commission  sustained  the  objection. 

Mr.  Cox.  If  the  Court  please,  there  are  several  questions  I 
should  like  to  ask  in  reo-ard  to  Booth  himself  I  do  not  know 
whether  the  questions  will  be  objected  to.     I  desire  to  show  — 

Assistant  Judge  Advocate  Bingham.     State  your  question. 

Q.    [By  Mr.  Cox.]     Did  you  knosv  Booth  intimately  ? 

A.    Yes,  sir. 

Q.    State  whether  he  was  a  man  of  pleasing  address. 

Assistant  Judge  Advocate  Bingham.     I  object  to  all  that. 

Mr.  Cox.  What  I  desire  to  show  to  the  Court,  and  what  all 
the  counsel  desire,  is  to  have  some  evidence  as  to  the  character  of 
this  man,  John  Wilkes  Booth.  There  is  nothing  in  the  case  yet 
to  reflect  any  light  at  all  on  that  question.  If  any  of  these  accused 
should  be  found  guilty  of  association  with  him  in  this  serious  crime, 
Booth's  influence  upon  them,  whatever  it  may  have  been,  would 
not  affect  the  question  of  their  innocence  ;  but  it  is  a  consideration 
which  goes  in  mitigation  of  their  guilt,  that  Booth  was  a  man  who 


THE     TRIAL.  235 

naturally  acquired  a  gi'eat  ascendency  over  young  men  with  wbom  he 
was  associated.  He  was  a  man  who  had  great  influence  over  them, 
and  could  warp  them  from  the  right  by  means  of  his  control  over 
them  ;  and  my  desire  is  to  introduce  some  evidence  on  that  subject, 
and  it  is  the  desire  of  all  the  counsel  for  the  defence.  The  ques- 
tion which  I  propound  to  the  witness  is  a  prehminary  question, 
designed  to  introduce  that  subject. 

The  Judge  Advocate.  It  does  not  mitigate  the  assassination 
at  all  that  it  was  performed  by  a  man  of  fascinating  addiess  and 
pleasing  manners. 

3Ir.  Cox.  No;  but  it  mitigates  the  acts  of  the  other  parties 
that  they  were  acting  under  his  influence. 

The  Judge  xAlDvocate.     Not  at  all. 

The  Commission  sustained  the  objection. 

By  the  Court  : 

Q.  You  have  stated  what  the  occupation  of  O'Laughlin  has 
been  since  August,  1862  :  can  you  state  what  occupation  he  was 
engaged  in  for  the  year  previous  ? 

A.    From  1861  to  1862,  he  was  in  the  rebel  army. 

Mr.  Cox.  I  will  state  to  the  Court  that  I  only  went  into  those 
dates  to  show  that  there  was  an  error  in  the  date  of  O'Lauo-hlin's 
return  in  the  statement  of  Mr.  McPhail. 

The  Witness.  As  I  stated,  Michael  returned  in  x\ugust,  1862. 
I  am  not  positive  about  the  month ;  but  it  was  in  the  year  1862. 

Lewis  W.   Cha3iberlayne, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

By  the  Judge  Advocate  : 

Q.    State  to  the  Court  where  you  reside. 
A.    In  Richmond,  Va. 

Q.    Will  you  state  whether  or  not  you  have  been  on  duty  there 
in  the  War  Department  of  the  Confederate  States  i 
A.   Yes,  sir  :  I  have  been. 
Q.    In  what  capacity  ? 


236  TBE     TRIAL, 

A.   As  a  clerk  in  the  War  Office,  simply. 

Q.  State  whether  or  not,  while  acting  as  clerk,  you  became  ac- 
quainted with  the  handwriting  of  John  A.  Campbell,  Rebel  As- 
sistant Secretary  of  War,  and  late  Judge  of  the  Supreme  Court 
of  the  United  States. 

A.   I  did. 

Q.  And  also  of  Harrison,  the  private  secretary  of  Jefferson 
DavLS  ? 

A.    Yes,  sir. 

Q.  [Submitting  to  the  witness  the  letter  of  Lieutenant  W.  Al- 
ston, and  the  indorsements  thereon,  heretofore  offered  in  evidence.] 
Look  on  that  paper,  and  read  the  indorsements,  and  say  whether  it 
is  in  the  handwriting  of  Mr.  Harrison. 

A.   The  endorsement  now  before  me  is,  — 

"Respectfully  referred  by  direction  of  the  President  to  the 
Hon'ble  Secretary  of  War. 

[Signed]  *'  Burton  N.  Harrison, 

"Private  Sec'ry." 

To  the  best  of  my  knowledge  and  belief,  that  indorsement  is  in  the 
handwritins;  of  Mr.  Harrison. 

Q.  Was  he  or  not  the  private  seeretai-y  of  Jefferson  Da\as  at 
that  time  ? 

A.   He  was  reported  and  so  recognized  in  the  War  Office. 
Q.    Now  read  the  other  indorsement. 
A.   It  is,  — 

"  A.  G.,  for  attention. 
"  By  order, 

[Signed]  "  J.  A.  Campbell,  A.  S.  W." 

Q.    In  whose  handwriting  is  that  ? 

A.  To  the  best  of  my  knowledge,  that  is  in  the  handwriting  of 
Judge  J.  A.  Campbell,  then  Assistant  Secretary  of  War. 

Q.  Look  at  the  paper,  and  see  whether  it  has  the  ordinary  offi- 
cial marks  on  it. 

A.  It  has  the  mark  of  the  Secretaiy's  office,  and  also  of  General 
Cooper,  the  Adjutant  and  Inspector  General :  — 


THE     TRIAL.  237 

"Received  at  A.  and  I.  G.  0.  December  6,  '64." 

Previous  to  tliat,  in  the  handwriting  of  some  clerk  in  the  office 
of  the  Secretary  of  War,  whom  I  do  not  know,  "  Received  Novem- 
ber 29,  '64."  It  was  referred  from  the  office  of  the  Secretary  of 
War  to  General  Cooper's  office,  the  Adjutant  and  Inspector  Gen- 
eral, and  from  there  was  directed  to  be  filed. 

Q.  I  understand  you  to  say  that  John  A.  Campbell,  of  whom 
you  speak,  was  formerly  on  the  bench  of  the  Supreme  Court  of  the 
United  States  ? 

A.   Of  that  I  have  no  knowledge. 

Q.    Was  he  not  so  reported  to  have  been  ? 

A.   Yes,  sir. 

Henry  Finegas, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q.    State  to  the  Court  where  you  reside. 

A.   In  Boston,  Mass. 

Q.  State  whether  or  not  you  have  been  in  the  military  service 
of  the  country  during  the  present  Rebellion. 

A.  I  have  been  in  the  military  service  of  the  United  States  since 
the  Rebellion, 

Q.    As  an  officer  ? 

A.   As  a  commissioned  officer. 

Q.  State  whether  or  not,  in  the  month  of  February  last,  you 
were  at  Montreal,  Canada. 

A.   I  was. 

Q.    How  long  did  you  remain  there  ? 

A.   Eleven  days. 

Q.  Did  you  or  not,  while  there,  make  the  acquaintance  of 
George  N.  Sanders  and  William  C.  Cleary,  and  other  men  of  that 
eircle  ? 

A.  I  did  not  make  their  acquaintance  personally. 

Q.    Did  you  know  them  ? 

A.   I  knew  them  all  right  well  by  sight. 


238  THE     TRIAL. 

Q.    Wliere  did  you  see  them  ? 

A.  At  the  St.  Lawience  Hall,  and  in  various  other  pai-ts  of  the 
city  of  ]Montreal. 

Q.  Will  you  name  which  of  these  men  you  saw  ?  I  have  spoken 
of  Cleary  and  Sanders.     Did  you  see  Jacob  Thompson  there  ? 

A.    Not  to  my  knowledge. 

Q.    Did  you  see  Beverly  Tucker? 

A.   Not  to  my  knowledge. 

Q.  State  whether  or  not  on  any  occasion  you  heard  a  conversa- 
tion in  the  month  of  February  last  between  George  N.  Sanders  and 
William  C.  Cleary. 

A.   Yes,  sir. 

Q.  State  where  it  occurred,  and  when  and  what  was  said  be- 
tween them. 

A.  The  conversation  I  heard  took  place  at  the  St.  Lawi'ence 
Hall,  in  the  evenino-.  I  am  not  sure  whether  it  was  on  the  14th  or 
15th  of  February,  but  either  one  of  those  days.  I  was  sitting  in  a 
chair,  and  Greorge  N.  Sanders  and  Cleary  walked  in  from  the  door : 
they  stopped  about  ten  feet  from  me  ;  and  I  heard  Cleary  say,  "  I 
suppose  they  are  getting  ready  for  the  inauguration  of  Lincoln  next 
month."  Sanders  said,  "  Yes  :  if  the  boys  only  have  luck,  Lincoln 
won't  trouble  them  much  longer."  Cleary  said,  "Is  every  thing 
well  ?  "  —  "Oh,  yes  !  Booth  is  bossing  the  job." 

Q.    You  saw  those  men  frequently  there  ? 

A.   Very  frequently. 

Q.    And  they  were  well  known  to  you  ?  •    • 

A.  Yes,  sir  :  well  known.  I  knew  Sanders  by  his  description, 
the  first  time  I  saw  him.  I  inquired  of  the  clerk  of  the  house  if 
that  was  Sanders;  and  he  said,  "  Yes." 

Cross-examined  by  Mr.  Aiken  : 

Q.  When  did  you  leave  the  service  of  the  Grovernment  ? 

A.  In  September,  1862. 

Q.  Where  did  you  reside  before  you  enlisted  in  the  service  ? 

A.  In  Boston,  Mass. 

Q.  Are  you  a  native  of  that  State  ? 

A.  No,  sir. 


THE     TRIAL.  239 

Q.    Of  what  State  are  you  a  native  ? 

A.   I  am  not  a  native  of  Massachusetts. 

Q.    Of  what  State  are  you  a  native  ? 

A.   No  State. 

Q.    Where  were  you  born  ? 

A.   In  Ireland. 

Q.    Had  you  resided  in  the  South  before  going  to  Montreal  ? 

A.    No,  sir. 

Q.  You  stated  that  you  were  never  introduced  to  any  of  those 
parties  ? 

A.   Not  to  Sanders  or  Cleary. 

Q.    Were  you  ever  introduced  to  any  of  them? 

A.  I  was  introduced  to  men  who  claimed  to  be  escaped  prison- 
ers from  places  in  the  North. 

Q;  But  you  were  never  introduced  to  Sanders,  Tucker,  Clay,  or 
Thompson  ? 

A.   No,  sir. 

Q.  What  time  in  the  evening  did  this  conversation  occur  in  the 
St.  Lawi'ence  Hall  ? 

A.   I  think  it  was  about  five  o'clock. 

Q.    How  far  were  you  from  them  ? 

A.   About  ten  feet. 

Q.    Were  they  conversing  in  a  loud,  or  low  tone  ? 

A.  Rather  a  low  tone  of  voice,  I  thought. 

Q.    Were  they  standing  close  together  ? 

A.    Yes,  sir. 

Q.    Did  you  ever  see  Clay  there  ? 

A.   No,  su' ;  not  to  my  knowledge. 

Q.    Did  you  ever  see  Cleary  ? 

A.   I  have  seen  Cleary. 

Q.    Did  you  ever  see  Sanders  1 

A.   I  have. 

Q.  Why  is  it  that  you  come  to  recollect  those  two,  and  do  not 
recollect  the  others  ? 

A.   Because  I  heard  them  talkino-. 

Q.  How  did  you  know  it  was  them,  if  you  had  never  been 
introduced  to  them  ? 


240  THE     TRIAL. 

A.   I  knew  it  was  them  several  days  before  that. 

Q.   How? 

A.  From  the  description ;  and  I  saw  them  testify  in  couii)  on 
the  St.  Alban's  raiders'  case. 

Q.    What  sort  of  looking  man  is  Cleary  ? 

A.  Cleary  is  a  middle-sized  man,  sandy  complexion,  sandy  hair ; 
carries  his  neck  a  little  to  one  side ;  and  he  has  reddish  whiskers. 

Q.    What  sort  of  looking  man  is  Sanders  ? 

A.  Sanders  is  a  short-sized,  low,  thick-set  man,  grayish  curly 
hair,  and  grayish  mustache,  —  very  burly  form, 

Q.    Did  you  hear  any  thing  more  about  the  job  ? 

A.   No,  sir. 

Q.    You  did  not  learn  what  job  it  was  ? 

A.   I  did  not. 

Q.    When  did  you  leave  Montreal  ? 

A.    On  the  17th  of  February. 

Q.    To  whom  did  you  first  communicate  this  information  ? 

A.   I  spoke  of  it  to  two  or  three  parties,  some  time  ago. 

Q.    Did  you  communicate  it  to  the  Grovernment  at  that  time  ? 

A.   No,  sir. 

Q.    Did  you  consider  it  of  any  importance  at  that  time  ? 

A.   No,  sir  :  I  looked  upon  it  as  a  piece  of  braggadocio. 

Q.  You  made  no  communication  of  the  fact  to  the  Government 
at  that  time  ? 

A.   No,  sir. 

Q.    When  did  you  make  the  first  communication  1 

A.   A  few  days  ago. 

Q.    Did  you  ever  see  John  H.  Surratt  in  Canada  ? 

A.   I  do  not  know  him. 

Charles  Dawson, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q.  Are  you  acquainted  with  the  handwriting  of  J.  Wilkes 
Booth? 


THE     TRIAL.  241 

A.   I  am  ;  with  bis  signature. 

Q.  Look  at  that  card,  and  see  if  that  is  his  signature  [submitting 
to  the  witness  the  card  identified  by  Mr.  A.  Browning  as  having 
been  left  at  the  Kirkwood  House  by  J.  Wilkes  Booth]. 

A.   Yes,  sir :  that  is  undoubtedly  his  signature. 

Charles  Sweenay, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q.    State  where  is  your  home. 

A.   In  New- York  State. 

Q.    Have  you  been  in  the  army  during  the  present  war? 

A.   Yes,  sir. 

Q.    Have  you  been  a  prisoner  of  war? 

A.   Yes,  sir. 

Q.    For  how  long  a  time  ? 

A.  The  first  time  I  was  taken,  I  was  a  prisoner  two  months  and 
ten  days. 

Q.    Whereat? 

A.  In  Libby.  The  second  time,  I  was  fifteen  months  a  prison- 
er, of  which  I  was  not  quite  two  months  at  Belle-Isle  Hospital, 
near  Richmond ;  and  then  they  took  me  to  Georgia. 

Q.    T\Tiere  were  you  kept  a  prisoner  in  Georgia  ? 

A.   At  Anderson ville. 

Q.    How  long  did  you  stay  there  ? 

A.  They  kept  me  there,  I  judge,  about  six  months  before  we 
were  moved  to  Savannah. 

Q.    State  how  you  were  treated  in  all  those  prisons. 

A.  At  Belle  Island,  I  had  not  half  a  pound  of  bread  a  day,  and 
once  in  a  while  I  got  a  little  rice  soup,  —  but  very  little  rice  :  it 
was  very  scattered  in  the  cup.  For  about  six  weeks,  on  the  island, 
I  do  not  believe  I  had  a  piece  of  meat  as  big  as  that  (indicating 
with  his  hands  a  piece  about  two  inches  in  length) .  When  I  went 
to  hospital,  the  grub  was  a  little  better ;  the  bread  was  a  little  bet- 
ter :  but  the  meat  was  very  small ;  there  was  not  much  of  that. 

VOL.   II.  21 


242  THE     TRIAL. 

They  pretty  near  starved  me  at  Riehraond.  After  leaving  Rlcli- 
mond.  when  I  first  went  to  Andersonville,  and  for  about  four  or 
five  months,  they  gave  a  pretty  good-sized  ration  of  the  kind  it  was. 
I  had  all  that  I  wanted  to  eat  in  corn-meal ;  but  the  bacon  was 
pretty  strong.  When  it  came  to  August  and  October,  they  began 
to  cut  down  our  ration,  and  our  allowance  was  pretty  short.  Well, 
we  made  out  to  live  the  best  way  we  could.  Old  Captain  Wurtz 
there  had  told  the  guard  that  they  must  shoot  every  Yankee  whom 
they  could  catch  with  his  hand  or  his  head  over  the  dead-line  ;  and 
every  one  who  did  so  would  get  a  furlough  of  forty  days  to  go 
home.  So  they  used  to  kill  our  men  the  same  as  though  they 
were  brutes.  I  saw  a  cripple,  a  one-legged  man,  get  shot  there. 
We  were  digging  tunnels,  and  doing  one  thing  and  another  to  try 
to  make  our  escape.  There  was  a  one-legged  man  who  told  the 
captain  about  that.  Some  of  the  boys  got  down  on  him,  and  abused 
him ;  and  he  ran  inside  of  the  dead-line  next  the  gate,  so  as  to  get 
protection  from  the  guard ;  and  Captain  Wurtz  stood  on  the  post, 
and  told  the  guard,  if  they  did  not  shoot  that  man,  he  would  shoot 
the  guard.  So  the  guard  had  to  shoot  the  man.  I  had  a  brother 
at  Andersonville  who  was  very  sick  and  dying.  For  about  eight 
days,  to  my  knowledge,  he  had  nothing  to  eat :  he  could  not  eat 
their  corn-meal  and  what  they  gave  him.  It  was  not  fit  for  a  dog 
to  eat.  I  had  a  little  money  that  I  used  to  gather  alx)ut  the  camp, 
and  I  bought  a  few  biscuits  to  feed  him  on ;  but  I  could  not  make 
money  enough  to  feed  him  long :  so  he  lay  in  his  tent,  and  starved 
there.  I  went  to  the  doctor,  and  said,  "  Doctor,  I  wish  you  could 
see  my  brother  in  the  tent:  he  is  dying."  —  "  No;  I  cannot  do  it," 
were  the  words  he  said.  Before  he  died,  he  told  me,  "Dear 
brother,  keep  good  courage  :  never  take  an  oath  to  that  Grovern- 
ment ;  stick  to  your  Government."  I  told  him  I  would,  and  I 
have  done  it.  I  made  my  escape.  The  first  time  I  escaped,  after 
I  got  over  the  stockade,  they  caught  me,  and  fetched  me  back,  and 
gagged  me  for  six  hours.  It  was  very  cold ;  and,  when  I  got  up,  I 
could  hardly  walk.  I  went  to  hospital  and  got  well  in  the  month 
of  June,  and  able  to  be  up ;  and  I  thought  I  would  try  to  make 
my  escape,  and  got  to  Stoneman,  for  I  heard  there  was  a  raid.  I 
got  out  of  hospital,  and  travelled  that  night  in  the  mud  and  swamps 


THE     TRIAL.  243 

clear  up  to  my  neck ;  and  I  got  four  miles.  The  pickets  came  across 
me,  caught  me,  and  took  me  back  to  Captain  Winder.  Captain 
Winder  told  them  to  take  me,  and  put  me  in  the  stockade  with  a  ball 
and  chain.  They  took  me  up  to  Captain  Wurtz's  headquarters, 
and  put  me  in  the  stockade  all  day,  in  the  hot  sun,  with  my  arms 
stretched  out.  The  sun  affected  me  so  much  that  day,  that,  after 
they  released  me  from  the  stockade,  the  next  day  I  got  sick,  and 
was  for  six  days  so  that  I  could  not  eat  or  drink  any  thing,  and 
came  pretty  near  dying.  It  is  only  Grod  who  has  let  me  live  this 
long. 

Q.  Did  you  hear  the  speech  made  by  General  Cobb  at  Ander- 
son ville  ? 

A.  Yes.  Greneral  Cobb  came  there  on  the  4th  day  of  March, 
18G5.  The  guards  around  there  were  old  men  and  boys  that  never 
knew  any  thing.  General  Cobb  preached  up  to  the  guard  about 
the  way  the  war  went  on.  He  pointed  to  the  stockade,  and  said, 
"  You  see  this  big  graveyard  :  all  those  in  the  stockade  will  be  in 
the  gi-aveyard  before  long."  He  expected  we  were  all  going  to  be 
starved  to  death  if  we  were  held  long  enough ;  and  he  said  they 
would  be  perished  to  death  before  they  ever  came  back  to  the  Union 
again.  He  said  that  they  would  hang  Old  Abe  if  they  caught  him, 
as  he  supposed  Old  Abe  would  hang  him,  or  do  something  to  him, 
if  he  caught  him. 

James  Young, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

By  the  Judge  Advocate  : 

Q.  State  whether  you  have  been  in  the  military  service  during 
the  Rebellion  ? 

A.    Yes,  sir. 

Q.    Have  you  been  a  prisoner  of  war  during  that  time  ? 

A.    Yes,  sir. 

Q.    How  long,  and  in  what  prisons,  were  you  confined  ? 

A.  I  was  confined  nine  months  and  two  days  in  all.  I  was  in 
Anderson  ville,  Ga.,  and  Charleston  and  Florence,  S.C. 


244  THE     TRIAL. 

Q.  State  the  treatment  which  you  and  other  prisoners  of  war 
received  from  the  Confederate  authorities  during  your  confinement, 
especially  in  regard  to  food. 

A.  At  Andersonville,  the  biggest  portion  of  the  rations  was 
cooked  there  ;  they  were  cooked  in  a  very  inferior  way  ;  corn-bread 
and  mush  and  rice  boiled,  and  boiled  bacon. 

Q.    How  were  they  as  to  quantity  ? 

A.  The  quantity  of  bread  we  would  receive  would  be  a  piece 
about  four  inches  long,  three  wide,  and  two  thick,  for  twenty-four 
hours. 

Q.    And  what  with  that  ? 

A.   We  would  get  about  from  two  to  three  ounces  of  boiled  pork. 

Q.    What  was  the  effect  of  this  upon  the  health  of  the  prisoners  ? 

A.  It  was  very  injurious  to  the  health.  The  men  were  wasting 
all  the  time. 

Q.    Did  they  die  in  large  numbers  ? 

A.   Yes,  sir. 

Q.  What  was  the  average  number  of  deaths  during  your  stay  at 
Andersonville  ? 

A.  The  report  for  August  was,  I  understood,  3,044  deaths 
during  that  month. 

Q.    Were  you  in  the  open  sun,  without  any  shelter  at  all  ? 

A.   Yes,  sir ;  without  any  shelter. 

Q.    Was  the  heat  extreme  ? 

A.   Very  extreme  ;  warm  in  the  day,  but  cool  nights. 

Q.  What  was  the  character  of  the  water  which  they  gave  you  to 
drink? 

A.  The  water  was  very  poor,  and  bad  treatment  used  before  it 
came  into  camp. 

Q.    Was  it  infected  by  the  garbage  and  filth  thrown  into  it  ? 

A.  Yes,  sir ;  at  a  cook-house  they  had  on  the  spring  above  our 
camp. 

Q.    This  ground  was  a  kind  of  marsh,  was  it  not  ? 

A.  Yes,  sir :  there  was  a  creek  ran  through  the  centre  of  it  on 
each  side. 

Q.  How  far  was  it  from  there  to  the  woodland,  where  you  might' 
have  had  shelter  from  the  sun  ? 


THE     TRIAL.  '  245 

A.  There  was  woodland  all  around  us.  The  stockade  where  wo 
were  in  the  wood  was  chopped  out  of  it. 

Q.    It  was  quite  near  you  ? 

A.    Yes,  sir. 

Q.    Was  it  higher  ground  than  you  were  upon  ? 

A.   Yes,  sir ;  somewhat  higher. 

Q.    Were  you  there  during  the  cold  weather  ? 

A.  No,  sir:  I  was  in  Florence,  S.C.,  during  the  cold  weather. 
We  were  removed  from  Andersonville  at  the  time  Atlanta  fell,  — 
those  that  were  able  to  be  taken  away. 

Q.  What  were  the  declarations  made  by  the  keepers  of  the 
prison  when  complaints  were  made  ?  Did  you  hear  what  was 
said  ? 

A.  I  never  heard  any  thing  at  Andersonville.  At  Florence,  I 
heard  some  hard  threats  made  against  the  "  Yanks,"  as  they  called 
us  there.  They  threatened  to  starve  us.  As  our  cavalry  was  raid- 
ing and  destro^'ing  their  country,  they  would  starve  us  in  retaliation, 
they  said, 

Q.  Did  you  receive  the  same  kind  of  treatment  at  Florence  as 
at  Andersonville  ? 

A.   We  received  worse  at  Florence,  and  got  less  rations. 

Q.  Was  the  amount  of  food  given  you  sufficient  to  sustain  life 
for  any  long  period  of  time  ? 

A.  No,  sir :  it  was  not.  Men  that  were  destitute  of  any  little 
means  of  their  own  —  such  as  money  or  trinkets  or  watches  — 
ran  down,  and  kept  running  down,  till  they  died.  I  had  some 
money ;  and  I  bought  some  extra  provisions,  and  kept  my  health 
tolerably  good.  I  kept  up.  The  last  ten  days  that  I  was  with  the 
rebels,  I  drew  two  pints  of  meal. 

Q.    At  what  other  points  were  you  imprisoned  ? 

A.  About  three  weeks  in  Charleston.  We  were  used  very  well 
there,  with  the  exception  of  shooting  our  men  where  they  were 
enclosed  inside  of  the  guards. 

Q.    Did  that  occur  often  ? 

A.   Yes,  sir. 

Q.    Did  it  seem  to  be  encouraged  by  the  officers,  or  not? 

A.   It  seemed  to  be  encouraged. 

21* 


246  '  THE     TRIAL. 

Q.  Do  you  know  of  any  man  being  rebuked  or  punished  for 
such  shooting. 

A.  Never.  It  was  a  general  report  in  camp  that  the  rebs  offered 
their  men  a  thirty-day  furlough  for  every  "Yank"  they  would 
shoot  inside  of  the  stockade  that  was  at  Andersonville. 

By  the  Court  : 

Q.  Who  was  the  officer  in  command  at  Charleston  at  the  time 
you  were  there  ? 

A.   I  cannot  tell. 

Q.   Do  you  not  know  what  general  officers  were  there  ? 

A.  No,  sir.  I  was  not  long  enough  there  to  get  acquainted 
with  the  officers. 

Q.    Did  you  not  hear  ? 

A.    I  did  not. 

John  S.  Young, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q.    Where  do  you  reside  ? 

A.   In  New  York. 

Q.  Will  you  state  to  the  Court  whether  or  not  you  knew  Robert 
C.  Kennedy,  who  was  hanged  in  the  city  of  New  York  some  time 
since  ? 

A.   I  did. 

Q.    Do  you  remember  when  he  was  executed  ? 

A.   I  think,  on  the  25th  of  March  last. 

Q.  Will  you  state  whether  or  not,  before  he  was  executed,  he 
made  a  confession,  which  was  afterwards  published  in  the  papers  of 
the  country  ? 

A.   He  did. 

Q.    Have  you  a  copy  of  that  confession  with  you  ? 

A.    I  have  a  copy  of  it. 

Q.    Did  he  make  it  to  you? 

A.   He  signed  a  statement  in  my  presence. 

Q.    Have  you  a  copy  of  it  ? 


THE     TRIAL.  247 

A.  [Producing  some  papers.]  This  is  the  original  which  he 
signed. 

The  Judge  Advocate.  The  Court  will  remember  that  this  is  the 
Kennedy,  who,  it  has  already  been  shown,  was  claimed  by  Thompson 
and  others  to  have  been  acting  under  Confederate  authority  in  firing 
the  city  of  New  York ;  and  I  wish  to  read  his  confession  as  to  that 
crime. 

The  statement  produced  by  the  witness  was  then  read,  as  fol- 
lows :  — 

*'  Toronto,  C.  W.,  Dec.  25,  1864. 

^'Major-General  John  A.  Dix,  commanding  Department  of  the 
East. 

"  Sir,  — It  having  come  to  our  knowledge  that  a  large  number 
of  persons  have  been  placed  under  arrest  by  your  order,  charged 
with  being  connected  with  the  recent  attempt  to  fire  the  hotels  in 
the  city  of  New  York,  and  among  whom  is  one  Benjamin  A.  Mc- 
Donald, we,  the  undersigned,  from  a  sense  of  duty  we  owe  to  B. 
A.  McDonald,  and  others  innocently  accused,  beg  leave  to  submit 
for  your  consideration  the  following  statement,  hoping  it  may  be  the 
means  of  the  speedy  release  of  the  said  McDonald,  who,  we  most 
solemnly  attest,  is  wholly  innocent  of  the  charges  preferred  against 
him,  or  of  any  Jcnowledge  of  the  intention  of  the  undersigned  to 
fire  the  hotels  in  your  city.  The  entire  plan  was  originated  and 
matured  in  Canada ;  and  all  the  arrangements  for  phosphorus,  and 
other  material  necessary  for  the  purpose,  were  perfected  before  we 
started  on  the  expedition.  Before  starting,  however,  two  or  three 
of  us  were  furnished  with  letters  of  introduction  to  McDonald  by 
his  brother  in  Canada,  simply  stating,  in  substance,  that  the  bearers 
visited  New  York  for  business-purposes,  and  requested  that  he  would 
see  that  they  were  comfortably  quartered,  as  they  were  strangers  in  the 
city,  and  might  need  his  advice.  The  introduction  was  honored ; 
and  through  him  two  of  the  undersigned  procured  lodgings  with  a 

Mrs.  ,  who  occupies  the  dwelling-part  of  the  house  No.  3, 

Union  Square ;  the  other  part  being  occupied  by  the  Driggs  Piano- 
Manufacturing  Co.,  by  whom  McDonald  was  employed.  We  also 
asked  the  privilege  of  depositing  our  funds  in  the  safe  of  the  com- 


248  THE     TRIAL. 

pany,  and  was  referred  to  Mr.  Colwell,  the  treasurer  of  the  concern, 
who  permitted  us  to  do  so  ;  and  afterwards,  whenever  we  had  occa- 
sion to  use  some  of  the  money,  we  applied  to  Mr.  Colwell,  and 
never,  to  our  knowledge,  to  Mr.  McDonald ;  and  whatever  time  was 
spent  in  the  rooms  of  the  company  was  in  the  society  of  Mr. 
C.  and  other  members  and  employes  of  the  concern.  We  almost 
invariably  found  McDonald  busy,  and  seldom  passed  more  than  the 
time  of  day  with  him ;  and  we  most  solemnly  assert  and  declare, 
that  never,  to  our  positive  knowledge,  did  we,  or  either  of  us,  ever  com- 
municate to  said  McDonald,  either  by  word  of  mouth  or  in  writing, 
the  object  of  our  -vdsit  to  the  city,  or  in  any  way  intimate,  or  by 
means  of  words,  signs,  or  otherwise,  lead  him  to  conjecture,  the 
object  of  our  mission ;  and  if  said  McDonald  did  know  of  our  inten- 
tion, it  was  purely  conjecture ;  but  we  assert  that  he  did  not  and 
could  not  have  known,  as  nothing  ever  passed  between  us  on  the 
subject,  upon  which  he  could  even  base  a  belief. 

*'  We  are  alone  responsible ;  and,  as  we  did  not  fear  to  make  the 
attempt,  we  shall  not  seek  through  dishonorable  means  to  evade  the 
consequences.  We  were  all  strictly  enjoined  not  to  hazard  a  word 
as  to  the  object  of  our  visit  to  Mr.  McDonald ;  and  we  all  solemnly 
assert  that  we  did  not. 

"  The  circumstance  of  finding  a  small  sum  of  money  and  the 
baggage  of  two  of  the  undersigned  in  the  possession  of  said  IMc- 
Donald  is  very  easily  explained,  and  will  show  how  innocently  he 
became  the  custodian  of  the  same,  and  which  fact  is  now  held  by 
yourself  to  be  one  of  the  strongest  convincing  proofs  -  of  his  guilt. 
On  Friday  we  told  Mr.  McDonald  that  it  was  our  intention  to  visit 
Philadelphia  for  a  day  or  two,  and,  as  we  did  not  wish  to  be 
troubled  with  our  bao-o-ao-e,  asked  if  he  would  take  charo-e  of  it  until 
our  return,  which  he  did  not  hesitate  to  do ;  and  after  the  occur- 
rence of  the  fire,  feeling  that  it  would  not  be  safe  or  prudent  for  us 
to  call  for  it,  Mr,  Wilhams,  one  of  the  undersigned,  addressed  him 
a  note,  requesting  him  to  forward  to  us  by  express  our  baggage  and 
the  small  sum  of  money  deposited  with  him.  Knowing  us  to  have 
come  from  Canada,  and  our  abrupt  departure  immediately  after  the 
fires,  and  our  informal,  and,  it  may  be  stated,  unusual  mode  of 
leaving,  may  have  led  Mr.  McDonald  to  suspicion  us ;  but  further 


THE     TRIAL.  249 

than  this  he  could  have  known  nothing.  This  we  most  positively 
assert  was  the  whole  sum  of  his  knowledge  or  participation  in 
the  matter. 

"■  We  had  witnessed  the  devastation  of  our  own  homes,  and  to 
retaliate  was  our  ohject  in  visiting  New  York. 

*'  In  the  absence  of  a  proper  ojfficer  before  whom  to  verify  this 
statement,  and  desirous  of  investing  it  with  all  the  solemnity  of  an 
oath,  we  each  of  us  hereby  declare,  that,  for  the  truth  of  the  facts 
therein  contained,  we  hold  ourselves  as  morally  responsible  before 
God  and  man  as  if  the  same  were  sworn  to." 

"  I  hereby  certify  and  solemnly  assert  that  this  is  a  true  copy  of 
the  statement  signed  by  myself  and  others  in  Toronto,  C.  W.,  in 
December  last. 

*'  Robert  C.  Kennedy. 
"Witness: 

"  J.  A.  Hopkins,  First  Lieutenant  Seventeenth  Infantry. 

*'  John  S.  Young,  Chief  Detective  Police." 

[The  original  of  the  foregoing  statement  was  offered  in  evidence 
without  objection.] 

By  the  Judge  Advocate  : 

Q.  That  is  not  the  confession.  There  was  a  confession  published 
in  the  papers  in  regard  to  the  crime  ? 

A.   Yes,  sir. 

Q.    AYhere  is  that  ? 

A.    [Producing  a  paper.]     There  is  a  copy  of  it. 

Q.  State  whether  or  not  he  made  the  confession  of  which  that  is 
a  copy. 

A.  I  was  not  present  at  the  time  he  made  that :  that  was  made 
to  Colonel  Martin  Burke. 

Q.    Where  is  he  ? 

A.   At  Fort  Lafayette. 

Q.    Is  he  on  duty  there  ? 

A.   He  is. 

Q.    You  know  nothing  about  this  confession,  then  ? 

A.   No,  sir  :  I  was  not  present  when  it  was  made.     There  was 


250  THE     TRIAL. 

another  witness  to  it,  —  Joseph  Howard,  one  of  the  editors  of  the 
"New-York  Times." 

John  Nothey, 

a  witness  called  for  the  accused,  Mrs.  Maiy  E.  Surratt,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Aiken  : 

j 

Q.    Where  do  you  reside  ? 

A.   About  fifteen  miles  down,  in  Prince  George's  County. 

Q.  Will  you  state  to  the  Court  whether  or  not  you  purchased 
some  land  from  Mr.  Surratt  ? 

A.  Yes,  sir.  I  purchased  seventy-five  acres  of  land  from  Mr. 
John  Surratt  —  the  old  gentleman  —  some  years  ago, 

Q.  Did  Mr.  Gwynn  bring  a  letter  to  you  on  the  14th  of  April 
last? 

A.   Yes,  sir. 

Q.    Who  was  the  letter  from  ? 

A.   From  Mrs.  Surratt. 

Q.  Have  you  been  in  the  habit  lately  of  meeting  Mrs.  Surratt 
at  Surrattsville  ? 

A.  No,  sir  :  only  that  one  time.  She  sent  me  word  that  she 
was  coming  down  there  on  Tuesday,  and  that  she  wanted  me  to 
come  there,  and  to  settle  for  this  piece  of  land.  I  owed  her  part 
of  the  money  on  it,  and  she  wanted  me  to  settle  for  it.  That  was 
my  business  with  her,  and  her  business  with  me.  That  was  all  I 
ever  had  to  do  with  her  ;  and  that  was  the  only  time  -I  saw  her. 

Q.    Did  you  not  see  her  on  Friday,  the  14th  of  April  ? 

A.  No,  sir  :  I  only  saw  her  on  that  Tuesday,  in  regard  to  this 
land. 

Dr.  John  C.  Thomas, 

a  witness  called  for  the  accused,  Dr.  Samuel  A.  Mudd,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Stone  : 

Q.    Where  do  you  reside  ? 

A.   I  reside  in  Woodville,  Prince  George's  County,  Md. 


THE     TRIAL.  251 

Q.    What  is  your  profession  ? 

A.   I  am  a  physician. 

Q.    How  long  have  you  been  practising  ? 

A.   I  have  been  practising  for  nineteen  years. 

Q.  Will  you  state  to  the  Court  whether  you  are  or  are  not  a 
brother  of  Mr.  Daniel  Thomas,  who  has  been  examined  here  as 
a  witness  ? 

A.   I  am. 

Q.  Will  you  state  to  the  Court  whether  your  brother  made  any 
communication  to  you  on  the  subject  of  a  conversation  that  he  held 
with  Dr.  Mudd  in  relation  to  the  assassination  of  the  President, 
before  the  assassination  of,  the  President  ? 

A.  The  conversation  that  passed  at  my  house  was  on  Sunday 
morning.  He  came  over  to  Woodville  Church  on  a  Sunday  morn- 
ing, and  it  happened  at  my  house  before  several  gentlemen  there. 
Mr.  SuUivan  Wood  was  present  at  the  time.  We  asked  him  the 
news  ;  and  as  he  was  just  from  Bryantown  the  day  before,  on  Sat- 
urday, he  was  full  of  news,  and  was  speaking  about  the  arrest  of 
Dr.  Mudd,  finding  him  with  the  boot,  &c.  ;  and  then,  during  the 
conversation,  he  observed  what  Dr.  Mudd  had  told  him  a  few  weeks 
previous  or  several  weeks  before. 

Q.  Will  you  state  to  the  Court  whether  he  had  ever  mentioned 
that  subject  to  you  before  Dr.  Mudd's  arrest  ? 

A.   He  never  mentioned  the  subject  to  me  before  that  time. 

Q.  And  that  was  after  the  assassination  of  the  President,  and 
after  Dr.  Mudd's  arrest  ? 

A.  Yes  :  after  the  soldiers  were  at  Bryantown,  and  the  arrest 
of  Dr.  Mudd.  I  understood  he  was  arrested  at  that  time  :  whether 
he  was  or  not,  I  do  not  know ;  but  I  heard  he  was. 

By  Assistant  Judge  Advocate  Bingham  : 
Q.    Was  not  that  on  Easter  Sunday,  the  Sunday  after  the  Presi- 
.  dent's  assassination  ? 
A.   I  disremember. 

By  Mr.  Stone  : 

Q.    It  was  on  a  Sunday  ? 
A.   Yes,  sir. 


252  THE     TRIAL. 

Q.    And  the  boot  was  mentioned  in  that  conversation  ? 

A.  He  mentioned  Dr.  Mudd  and  the  boot  in  that  conversation. 
I  had  not  heard  any  thing  of  the  boot  before. 

Q.    Then  it  was  the  second  Sunday  after  the  assassination  ? 

A.  I  never  heard  of  the  conversation  before.  It  was  an  error 
of  my  brother  as  to  the  day.     He  was  convinced  of  that. 

Q.  I  understand  you  to  say  that  your  brother  Daniel  did  not 
mention  to  you  any  thing  of  the  conversation  with  Dr.  Mudd  rela- 
tive to  the  assassination  before  the  President  was  assassinated  ? 

A.   He  did  not. 

Q.    It  was  afterwards  ? 

A.  It  was  afterwards.  That  was  the  only  conversation  we  had 
on  the  subject,  if  I  remember  aright. 

Q.  Will  you  state  to  the  Court  whether  you  have  or  have  not 
attended  your  brother  professionally  at  different  times  ? 

A.  I  have  atttended  him  in  some  serious  attacks.  Some  four, 
five,  or  six  years  ago,  probably  six  years  ago,  he  had  a  very  serious 
paralytic  attack,  —  partial  paralysis  of  the  face,  and  part  of  the 
body.  He  was  for  some  time  laboring  under  considerable  nervous 
depression  before  he  recovered.  He  was  mentally  affected  from  it. 
His  mind  was  not  exactly  right  for  a  long  time. 

Q.  Will  you  state  to  the  ^ourt  whether  your  brother's  mind  is 
now  sound  at  all  times  ? 

A.   I  am  under  the  impression  that  it  is  not ;  not  at  all  times. 

Q.   You  do  not  consider  that  his  mind  is  at  all  times  sound  ? 

A,   No,  sir  :  I  do  not. 

Q.  When  his  mind  is  not  in  its  proper  state,  will  you  state  to  the 
Court  whether  on  those  occasions  he  is  or  is  not  credulous,  very 
talkative,  and  unreliable  ? 

A.  He  is  credulous  and  very  talkative.  He  is  very  apt  to  tell 
every  thing  he  hears,  and  believe  every  thing  he  hears.  I  do  not 
pretend  to  say  that  he  would  tell  things  that  he  did  not  hear,  or 
make  up  things,  or  any  thing  like  that ;  but  he  is  very  talkative, 
and  very  apt  to  tell  every  thing  he  hears. 

Q.  Will  you  state  to  the  Court  whether,  when  his  mind  is  not  in 
its  proper  condition,  his  memory  and  reason  are  not  both  somewhat 
affected  ? 


THE     TRIAL.  253 

A,  His  reason  may  be  somewhat  affected,  and  his  memory  also, 
when  these  attacks  of  sickness  come  on.  He  has  some  fainting 
spells,  and  is  confined  to  his  bed  ;  but  when  he  is  up,  and  in  the 
enjoyment  of  good  health,  he  seems  to  be  rational.  These  attacks 
come  on  at  no  particular  time.  When  they  do  come  on,  he  labors 
under  great  nervous  depression.  He  has  to  be  stimulated  materi- 
ally sometimes.  He  has  not  had  an  attack  now  for  some  time  :  his 
health  has  been  better.  : 

Cross-examined  by  Assistant  Judge  Advocate  Bingham  : 

Q.  State  whether  you  know  on  what  Sunday  it  was  that  your 
brother  made  the  statement  in  regard  to  Dr.  Mudd,  and  whether  it 
was  not  on  Easter  Sunday,  the  Sunday  immediately  following  the 
assassination  of  President  Lincoln. 

A.  I  expect  it  was  Easter  Sunday.  It  was  the  Sunday  after  the 
soldiers  were  at  Bryan  town. 

Q.  Now  state  what  he  said  to  you  on  that  occasion,  — whether 
he  did  not  say  to  you  on  that  occasion  that  Dr.  Mudd  had  made  a 
certain  statement  in  regard  to  the  President  and  the  Cabinet,  and 
the  Union  men  of  Maryland,  being  assassinated  within  thirty  days. 

A.  The  conversation  was  this  :  He  was  speaking  of  what  Dr. 
Mudd  had  told  him  ;  and  he  said  that  Dr.  Mudd  had  said  that  Lin- 
coln and  the  whole  Cabinet  would  be  killed  in  a  few  weeks,  and  all 
the  Union  men  of  Maryland.  That  was  the  amount  of  the  conver- 
sation. 

Q.    Who  was  present  at  that  conversation  ? 

A.  Mr.  Sullivan  Wood  was  present  that  morning,  and  I  think  it 
was  Mr.  Wood  who  asked  him  what  was  the  news.  I  was  engaged 
somewhere  in  the  room  at  the  time,  and  the  conversation  arose  when 
he  came  in.     That  was  the  first  time  I  heard  any  thing  about  it. 

By  Mr.  Ewing  : 

Q.    You  are  certain,  that,  in  the  same  conversation,  he  spoke  of 
Booth's  boot  being  found  in  Dr.  Mudd's  house  ? 
A.   Yes,  sir. 

By  the  Court  : 

Q.  Was  your  brother  in  his  right  mind  on  the  day  that  this  con- 
versation took  place  ? 

VOL.   IT.  22 


254  THE     TRIAL. 

A.  Yes,  sir :  he  seemed  to  be  as  rational  then  as  I  ever  saw 
him. 

Q.    Was  he  much  excited  ? 

A.   No  ;  not  at  all. 

Q.  Do  you  think  he  was  capable  of  telling  the  truth  on  that 
day? 

A.   Yes,  sir. 

Q.  From  your  knowledge  of  your  brother's  character  for  truth 
and  veracity,  and  also  of  his  mental  condition,  did  you  have  any 
doubt  in  your  mind  of  the  fact  of  Dr.  Mudd  having  said  to  him 
what  he  represented  he  had  said  ? 

A.  I  had  no  doubt  at  the  time,  though  I  thought  probably  he 
might  have  meant  it  in  a  joke. 

Q.  I  am  not  asking  you  what  you  thought  he  meant,  but 
whether  you  had  any  doubt  as  to  the  fact  of  Dr.  Mudd  having 
said  the  things  your  brother  represented  him  to  have  said  to  him. 

A.  I  thought  at  first  that  my  brother  was  probably  jesting,  as  he 
was  very  fond  of  telling  news  and  so  on ;  and  I  observed  to  him 
at  the  time,  that,  if  such  was  not  the  fact,  he  ought  not  to  state  it 
unless  it  was  true ;  and  he  said  it  was  certainly  true,  and  that  Dr. 
Mudd  had  made  the  statement  in  Bryantown. 

Q.  When  he  averred  that  it  was  true,  did  you  have  any  further 
doubt  about  it  ? 

A.  No,  sir  :  I  supposed  that  it  was  so,  as  he  had  heard  it.  I  do 
not  suppose  that  he  would  swear  to  any  thing  that  was  not  so. 

Samuel  McAllister, 

a  witness  called  for  the  accused,  Samuel  A.  Mudd,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Stone  :  i 

Q.  W^here  do  you  reside  at  present  ? 

A.  At  the  Pennsylvania  House,  in  this  city. 

Q.  How  long  have  you  resided  there  ? 

A.  Since  the  second  day  of  December  last. 

Q.  Are  you  a  clerk  in  the  establishment  ? 

A.  Yes,  sir. 


THE     TRIAL.  255 

Q.  [Submitting  to  the  witness  a  hotel  register.]  Is  that  the  re- 
gister of  the  Pennsylvania  House  ? 

A.   Yes,  sir. 

Q.  Will  you  state  to  the  Court  whether  the  name  of  Dr.  Samuel 
A.  Mudd  appears  on  the  register  of  the  hotel  at  any  time  during  the 
month  of  January,  1865  ? 

A.  No,  sir :  I  examined  it  in  the  next  room,  and  the  name  is 
not  on  the  register. 

Q.    You  examined  that  month  very  carefully  ? 

A.   Yes,  sir.  \ 

Q.    And  it  does  not  appear  ?  |, 

A.   No,  sir. 

Q.  Do  you  know  the  accused,  Dr.  Samuel  A.  Mudd,  person- 
ally  ? 

A.  No,  sir.  I  have  never  seen  the  gentleman,  to  my  knowledge, 
before.  He  may  have  stopped  there,  and  I  not  know  him  ;  but  his 
name  certainly  would  have  been  on  the  register  if  he  had  stopped 
at  the  house.  We  do  not  allow  any  person  to  stop  there  without 
registering  his  name. 

Q.  Will  you  turn  to  that  register  under  the  date  of  Dec.  23, 
1864,  and  see  whether  you  find  his  name  there? 

A.  [Pointing  to  a  page  of  the  register.]  There  it  is  :  "  Samuel 
A.  Mudd." 

Q.    Do  you  find  that  under  the  date  of  the  23d  of  December? 

A.   Yes,  sir. 

Q.  Do  you  find  also,  under  that  date,  another  man  by  the  name 
of  "Mudd"? 

A.  Yes,  sir:  "J.  T.  Mudd."  They  both  occupied  the  same 
room. 

Q.    Have  you  examined  the  register  after  the  month  of  January  ? 

A.  No,  sir  :  I  only  examined  it  for  the  month  of  January.  You 
requested  me  to  examine  it  for  that  month,  and  I  did  so.  The  name 
is  not  on  the  book  during  that  month. 

Cross-examined  by  Assistant  Judge  Advocate  Bingham  : 

Q.    You  say  you  do  not  know  Dr.  Samuel  A.  Mudd  personally? 
A.   No,  sir ;  not  personally. 


256  THE     TRIAL. 

Q.    You  do  not  know  him  when  you  see  him  ? 

A.  No,  sir.  I  think  I  would  know  him  from  his  brother.  His 
brother  stopped  at  our  place.     I  never  saw  him  until  last  evening. 

Q.  If  you  had  seen  Dr.  Samuel  A.  Mudd  at  the  Pennsylvania 
House  last  winter,  you  would  not  know  the  face  now  ? 

A.   No,  sir  :  I  would  not  have  known  him. 

By  Mr.  Stone  : 

Q.  What  is  the  rule  of  the  house  in  regard  to  guests  registering 
their  names? 

A.  Persons  stopping  at  the  hotel  are  required  to  register  their 
names.  Oftentimes  persons  come  in  to  take  a  meal,  and  go  in  to 
the  table,  and  do  not  register  their  names,  and  pay  when  they  go 
out ;  but  all  persons  stopping  in  the  house  over  night  are  required 
to  register  their  names. 

By  the  Court  : 

Q.  Have  you  ever  known  that  rule  to  be  departed  from  in  any 
instance  ? 

A.   Never  since  I  have  been  there,  since  the  2d  of  December. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.  Do  you  know  who  slept  in  that  house  with  Atzerodt  the  last 
night  he  was  there,  the  night  of  the  President's  assassination  ? 

A.   No,  su' :  I  was  in  bed  that  night. 

Q.    Was  that  man's  name  registered? 

A.  I  do  not  know  positively  whether  it  was  or  not.-  The  name 
of  "  Samuel  Thomas  "  was  registered  :  but  I  was  not  there ;  I  was 
in  bed.    I  closed  the  house  at  half-past  twelve  o'clock,  and  retired. 

Q.  The  only  point  to  which  I  wish  to  direct  your  attention  is,  do 
you  know  who  it  was  that  slept  with  Atzerodt  in  that  house  on  the 
night  of  the  President's  assassination. 

A.  I  do  not ;  nothing  further  than  the  name  that  was  on  the 
book  the  next  morning. 

Q.    You  understood  that  somebody  slept  there  ? 

A.  Yes,  sir.  When  I  retired,  at  half-past  twelve  o'clock,  I  gave 
directions  to  the  porter  to  allow  no  persons  to  come  in  and  go  to  bed 
unless  they  registered  their  names. 


THE     TRIAL.  257 

Q.  You  do  not  know  whether  that  man  registered  his  name  or 
not? 

A.    No,  sir. 

Q.  If  it  was  the  rule  of  the  house,  why  did  you  order  the  porter 
on  that  night  to  allow  no  persons  to  take  a  room  unless  they  regis- 
tered their  names  ? 

A.  We  never  allow  any  persons  to  take  a  room,  and  go  to  bed, 
unless  they  register  their  names. 

Q.    You  gave  him  that  rule  that  night? 

A.   No,  sir  :  at  all  times. 

Q.    I  thought  you  said  you  gave  it  to  him  that  night  ? 

A.   No,  sir. 

Q.    Is  it  a  printed  or  oral  rule  day  by  day  ? 

A.   It  is  an  oral  rule  day  by  day. 

Q.  Then  strangers  do  not  know  any  thing  about  it,  except  as 
they  are  told  ? 

A.  They  know  very  well  they  cannot  get  a  room  unless  they 
register  their  names. 

Q.  The  amount  of  your  testimony  is,  that  you  do  not  know  that 
man,  and  do  not  know  whether  he  registered  his  name  or  not,  as  a 
matter  of  personal  knowledge  ? 

A.   No,  sir. 

Q.  And  you  do  not  know  whether  Dr.  Samuel  A.  Mudd  was  in 
that  house  in  January  or  not  ? 

A.  No,  sir;  nothing  further  than  the  register.  That  is  all  I 
know  about  Dr.  Samuel  Mudd. 

By  the  Court  :  - 

Q.  Do  you  know  whether  Dr.  Mudd  might  not  have  been  in  that 
house  under  a  different  name,  —  an  assumed  name  ? 

A.   I  do  not  know :  I  could  not  tell  any  thing  about  that. 

Q.  Are  you  personally  acquainted  with  the  person  who  is  regis- 
tered as  Mudd  ? 

A.  No,  sir  :  I  do  not  know  the  gentleman  at  all.  I  never  met 
him,  I  am  a  stranger  in  this  city :  I  came  here  on  the  2d  of 
December. 

Q.    Is  there  a  person  registered  there  as  "  Mudd  "  ? 

22* 


258  THE     TRIAL. 


)j 


A.   Yes,  sir:  "Samuel  A.  Mudd. 

Q.    Registered  there  as  "  Samuel  A.  Mudd  "  ? 

A.  Yes,  sir  :  registered  as  "  Samuel  A.  Mudd,"  —  in  Decem- 
ber. 

Q.  But  your  acquaintance  with  him  is  not  such  that  you  can 
undertake  to  say  that  he  might  not  have  been  there  under  some 
other  name  ? 

A.   No,  sir. 

By  Assistant  Judge  Advocate  Burnett  : 

Q.    How  long  did  he  remain  in  December? 

A.   I  could  not  tell  that  ? 

Q.    Your  register  does  not  show  that  ? 

A.   No,  sir. 

Q.    He  might  have  been  there  until  January,  for  that  matter? 

A.   The  cash-book  would  show  that. 

Q.    But  this  register  does  not  ? 

A.   No,  sir. 

The  witness  was  here  requested  by  Mr.  Ewing  to  retire  and 
examine  the  register  produced  by  him  for  the  name  of  Dr.  Mudd 
after  the  23d  of  December,  1864  ;  and,  on  the  witness  returning  to 
the  court-room,  his  examination  was  continued,  as  follows  :  — 

By  Mr.  Ewing  : 

Q.    Have  you  examined  the  register  of  the  Pennsylvania  House  ? 
A.    Yes,  sir. 

Q.    From  what  date  to  what  date? 

A.  From  the  last  registry  of  Mr.  jMudd,  on  the  23d  of  December, 
until  in  this  month,  May. 

Q.    Do  you  lind  his  name  registered  there  ? 
A.   No,  su'. 

Jeremiah  T.  Mudd, 

a  witness  called  for  the  accused,   Samuel  A.  Mudd,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Ewing  : 

Q.  State  whether  you  are  acquainted  with  the  prisoner,  Dr. 
Samuel  A.  Mudd. 


THE     TRIAL.  259 

A.   I  ara. 

Q.    State  where  you  reside. 

A.  I  reside  in  the  Fourth  Election  District  of  Charles  County, 
Md. 

Q.    How  far  from  Dr.  Samuel  A.  Mudd's? 

A.   A  mile  and  a  half,  or  two  miles. 

Q.    State  whether  you  came  with  him  to  "Washington  last  winter. 

A.   I  did. 

Q.    At  what  time  ? 

A.  I  rode  in  on  the  22d  of  December.  Why  I  recollect  it  so 
distinctly  is,  that  I  am  satisfied  of  the  fact  that  we  got  home  on 
Christmas  Eve,  which  was  the  24th.  On  the  22d  of  December, 
I  rode  to  one  of  my  neighbors,  who  was  in  the  huckstering  business, 
and  frequently  in  Washington  himself.  I  wanted  to  sell  him  some 
poultry,  and  get  him  to  do  some  purchasing  of  some  little  articles 
of  clothing  fiDr  me  in  Washington^  as  he  was  going  up.  This  man's 
name  is  Montgomery  :  he  is  in  partnership  with  a  man  named  Lucas. 
Lucas  drives  the  wagon,  and  Montgomery  occasionally  comes  up.  I 
rode  to  Dr.  Sam.  Mudd's  to  see  if  he  was  going  up ;  and  concluded, 
if  he  was  going,  I  would  go  also.  We  came  up  to  Washington 
together  on  the  morning  of  the  23d  of  December.  We  got  to 
Washington.  We  put  our  horses  away,  near  the  Navy  Yard ; 
walked  up  to  the  avenue.  It  was  a  little  in  the  night ;  the  lamps 
were  lit  on  the  street ;  I  do  not  know  particularly  the  hour.  We 
went  to  the  Pennsylvania  House,  and  registered  our  names,  I  think, 
for  lodgings.  However,  we  concluded,  as  we  had  not  been  to  din- 
ner, we  would  want  something  better  than  an  ordinary  supper;  and 
we  concluded  to  go  to  a  restaurant,  and  order  what  we  wanted.  We 
went  to  a  place  on  the  avenue,  that  was  known,  when  I  lived  here 
some  years  ago,  as  Walker's  Restaurant.  I  think  now  it  has  clianged  ; 
and  the  name,  perhaps,  is  Dubant's.  We  ordered  supper  there, 
and  remained  there  possibly  an  hour.  After  we  left  that  place,  we 
walked  into  Brown's  Hotel  merely  to  see  if  we  could  recognize  any- 
body from  the  country.  Walked  about  there  some  tim^e ;  sat  there 
a  while ;  staid  a  quarter  of  an  hour.  We  then  went  to  the  National 
Hotel.  There  was  a  tremendous  crowd  there,  and  we  got  separated. 
I  recognized  an  acquaintance  there,  who  came  up  and  spoke  to  me ; 


260  THE     TRIAL. 

and,  as  well  as  I  recollect,  Dr.  Mudd  came  to  me  during  that  con- 
versation. We  separated  at  the  National  Hotel.  I  missed  him  in 
the  crowd.  After  I  got  through  with  my  conversation  with  the 
gentleman  who  recognized  me  there,  I  walked  down  the  avenue,  and 
went  into  several  clothing-stores  for  the  purpose  of  looking  at  some 
clothing  which  I  intended  to  purchase  the  next  morning.  After  a 
while,  I  walked  around  to  the  Pennsylvania  House  ;  and,  very  soon 
after  I  got  there,  Dr.  Mudd  came  in,  and  we  went  to  bed  very  shortly 
afterwards.  Next  morning,  after  breakfast,  we  went  in  company 
together  to  a  man  on  the  avenue,  I  think  by  the  name  of  McGrregor, 
a  stove-dealer,  and  purchased  a  cooking-stove.  I  felt  interested  in 
it,  because  I  thought  I  should  want  one  myself;  and  therefore  I 
went  with  him.  We  went  through  the  market-house  once  or  twice 
during  the  morning.  I  had  some  clothing  to  buy,  and  he  had  some 
other  little  purchases  to  make,  and  we  separated ;  but  I  saw  him 
repeatedly  after,  every  five  or  ten  minutes,  until  about  one  o'clock. 
I  would  either  meet  him,  or  go  with  him  in  person,  every  few  min- 
utes until  that  time.  We  then  left  the  avenue,  and  went  down  to 
the  Navy  Yard,  where  we  had  put  our  horses  up ;  and  finally,  about 
three  o'clock,  we  went  home.  We  came  together,  and  we  went 
back  together. 

Q.    Did  you  sleep  in  the  same  room  at  the  Pennsylvania  House  ? 

A.   Yes,  sir ;  in  the  same  bed. 

Q.  You  said  that  you  parted  with  Dr.  Mudd  at  the  National : 
where  were  you  in  the  Pennsylvania  House  when  you  saw  him 
again  ? 

A.  In  the  Pennsylvania  House,  there  are  two  rooms :  one  room 
the  office  is  in,  and  the  register  is  kept  there,  and  something  of  a 
bar,  perhaps.  The  rooms  are  about  equal  in  size.  I  was  sitting 
by  the  fireplace,  very  near  to  the  office  or  counter  where  the  regis- 
ter is  on.  The  first  I  saw  of  Dr.  Mudd,  he  came  through  the 
folding-doors  that  let  one  room  into  the  other.  I  was  in  conversa- 
tion, and  he  walked  into  that  room.  I  was  sitting  by  the  fire  in 
conversation.  He  came  throuo;h  those  foldino;-doors,  out  of  the  first 
room  you  enter,  into  the  second  room.  That  was  the  first  I  saw  of 
him  there. 

Q.    Was  there  any  one  with  him  when  he  came  through  ? 


THE      TRIAL.  261 

A.  I  am  certain  there  was  not  when  he  came  into  the  second 
door.  I  have  no  knowledge  of  there  being  anybody  with  him.  I 
saw  no  one.  There  may  have  been  persons  :  I  think  it  likely  there 
were  two  or  three  persons  sitting  in  the  other  room  around  the 
table  ;  but,  when  he  walked  in  there,  I  saw  no  one  with  him. 

Q.  You  say  you  were  not  separated  from  him  the  next  morning 
for  over  five  or  ten  minutes  at  a  time  ? 

A.  I  think  not.  Our  business  after  the  purchase  of  this  stove 
was  that  we  had  some  little  things  to  purchase,  and  we  separated ; 
but  I  saw  him  frequently,  sometimes  opposite  on  the  street.  Once, 
I  think,  he  came  from  the  Bank  of  Washington :  he  had  a  little 
business  in  the  bank.  I  was  not  in  his  company  all  the  time,  but 
still  saw  him  every  ten  or  fifteen  minutes.  I  met  him  afterwards, 
and  we  walked  too-etlier  throuo-h  the  market-house  two  or  three 
times. 

Q.  Do  you  know  who  took  the  articles  which  he  bought  down  to 
his  home  ? 

Assistant  Judge  Advocate  Bingham.  I  object  to  an  inquiry 
about  the  articles  he  bought,  or  who  took  them.  It  is  of  no  con- 
sequence. 

Mr.  Ewing.  May  it  please  the  Court,  it  is  of  a  very  great  deal 
of  consequence.  The  prosecution  has  attempted  to  prove  by  one 
witness  a  meeting  between  Booth  and  Dr.  Mudd,  and  an  introduc- 
tion of  Booth  to  Surratt  by  Dr.  Mudd  here  in  Washington.  We 
expect  to  be  able  to  show  to  the  Court  conclusively,  that,  if  there 
was  any  such  meeting,  it  must  have  been  at  this  visit  to  the  city  of 
Dr.  Mudd,  as  to  which  we  are  now  inquiring.  In  that  view,  it  is 
of  very  great  consequence  to  the  accused  to  be  able  to  show  that 
he  came  here  on  business  unconnected  with  Booth,  for  the  purpose 
of  rebutting  the  presumption  or  inference  unfavorable  to  him  which 
might  be  drawn  from  the  fact  of  his  having  met  Booth  here.  That 
alleged  meeting  with  Booth  has  been  put  in  evidence  as  part  of  the 
res  gestce  of  the  conspiracy :  on  any  other  ground,  it  would  have 
been  irrelevant  and  inadmissible.  We  have  a  right  to  show  that 
Dr.  Mudd  came  to  the  city  at  that  time  for  other  purposes ;  we 
have  a  right  to  show  the  acts  that  he  did,  in  order  to  establish  that 
his  \dsit  was  a  legitimate  business  visit  to  Washington.     Therefore 


262  THE     TRIAL. 

it  Ls  that  we  ask  wlio  took  the  things  down  ;  and  we  expect  to  show 
that  he  arranojed,  befoi^e  startinoj  from  home,  to  have  the  things  which 
he  was  coming  here  to  purchase  hauled  down,  and  that,  therefore, 
he  came  here  on  legitimate  business. 

Assistant  Judge  Advocate  Bingham.  If  the  gentleman  had 
shown  that  this  man  was  with  Booth  on  that  day,  I  could  see  some- 
thhig  in  his  argument ;  but,  as  it  is,  it  does  not  amount  to  any  thing. 

IMr.  Ewixg.  But  I  assure  you  we  expect  to  follow  this  up  by 
testimony  which  will  conclusively  establish  that  he  could  not  have 
been  with  Booth  upon  any  other  day  between  that  day  and  the 
assassination  of  the  President. 

Assistant  Judge  Advocate  Bingham.  They  undertake  to  prove 
by  this  witness  that  he  could  not  have  been  with  Booth  then :  this 
five-minute  operation  is  introduced  for  that  purpose,  as  I  under- 
stand. But  now,  in  order  to  make  out  something,  for  some  pur- 
pose I  cannot  comprehend,  they  propose  to  prove  that  this  man 
bought  crockery  or  something  that  day  in  town,  and  got  somebody 
to  haul  it  home.  That  has  nothins;  in  the  world  to  do  with  this 
case.  The  amount  of  it  all  is,  that  we  have  introduced  testimony 
here  to  prove  this  man's  association  with  Booth  in  Washington  in 
another  month  at  the  National  Hotel.  If  they  can  disprove  that, 
well  and  good ;  but  it  does  not  tend  to  disprove  it,  and  does  not 
tend  to  throw  any  light  on  the  subject,  to  show,  that,  in  December 
(another  time  altogether  than  that  stated  by  our  witness  for  the 
meetino;  of  Booth  and  Mudd,  which  the  Court  will  remember  was 
in  January,  and  aboiit  the  middle  of  the  month),  Mudd  bought 
certain  things,  and  hired  somebody  to  take  them  home.  All  that 
has  nothing  to  do  with  the  case. 

The  Commission  overruled  the  objection. 

The  question  was  repeated  to  the  witness,  and  he  answered  as 
follows :  — 

A.  I  took  a  portion  of  them  myself,  —  a  small  bundle  in  a 
buggy  that  he  purchased  while  I  was  here.  The  stove  was  to  have 
been  taken  down  by  Mr.  Lucas,  who  was  then  in  market  with  his 
wagon.  I  went  with  Dr.  Mudd  twice  to  see  Lucas.  Lucas's  tak- 
ing the  stove  down  depended  on  whether  he  could  sell  all  his  load 


THE     TRIAL.  263 

of  poultry  or  not :  it  was  a  dull  market.  We  went  the  second 
time,  if  not  the  third  time,  to  see  whether  he  had  sold  out :  if  he 
sold  out  his  poultry,  he  could  take  down  the  stove  ;  if  not,  he  would 
not  be  able  to  take  it  that  trip.  That  is  about  as  much  as  came  to 
my  knowledge  relative  to  the  taking  down  of  the  stove. 

By  Mr.  Ewing  : 

Q.    xYre  you  well  acc[uainted  with  Dr.  Samuel  A.  Mudd  ? 

A.   I  am  :  I  have  known  him  from  early  youth. 

Q.  Do  you  know  his  general  character,  in  the  neighborhood  in 
which  he  resides,  for  peace,  order,  good  citizenship  ? 

A.  Exemplary,  I  think.  I  never  heard  in  all  my  life  any  thing 
to  the  contrary.  He  has  always  been  amiable  and  estimable,  a 
good  citizen,  a  good  neighbor,  honest,  correct.  I  never  heard  any 
thing  to  the  contrary. 

Q.  Do  you  know  his  character  in  the  neighborhood  as  a  master, 
in  the  treatment  of  his  servants  ? 

A.   I  think  I  do. 

Q.    State  it  to  the  Court. 

A.  I  have  lived  very  close  by  him  all  my  lifetime.  I  think  him 
humane,  kind,  to  his  servants.  I  never  thought  his  negroes  did  a 
great  deal  of  work.  I  have  always  regarded  him,  and  he  is  regard- 
ed universally,  I  think,  as  kind  and  humane  to  his  servants.  He 
did  not  work  them  very  hard,  either ;  at  least,  they  did  not  do  a 
great  deal  of  work. 

Q.    Do  you  know  of  Booth  having  been  in  that  country  ? 

A.   I  do  :  I  have  seen  him  myself. 

Q.    When  and  where  ?  '' 

A.  I  saw  him  at  church  ;  that  is  to  say,  I  saw  a  stranger  there 
whom  I  did  not  know.  I  asked  who  he  was  ;  and  I  was  told  his 
name  was  Booth,  a  great  tragedian.  From  the  description  of  him 
since,  and  from  his  photograph,  I  am  satisfied  it  was  the  same  man. 

Q.    When  was  that? 

A.  It  was  in  the  latter  part  of  November  or  early  in  December 
last,  I  think.  I  know  the  weather  was  pretty  chilly,  —  enough  for 
a  light  overcoat  to  be  worn.  I  think  it  was  in  the  middle  or  latter 
part  of  November. 


264:  THE     TRIAL. 

Q.    Do  you  kuow  on  what  business  Booth  was  in  the  country  ? 

A.    Only  from  common  talk,  — what  I  heard  others  say. 

Q.    What  was  the  common  talk  ? 

Assistant  Judge  Advocate  Bingham.  The  witness  need  not 
state  what  the  common  talk  was.  It  is  not  competent  evidence  to 
undertake  to  prove  common  talk  about  a  party  not  on  trial  here. 

Mr.  EwiNG.  May  it  please  the  Court,  I  know  it  is  the  object  of 
the  Grovernment  to  give  the  accused  here  liberal  opportunities  of 
presenting  their  defence.  I  am  sure  the  Judge  Advocate  does  not 
intend,  by  drawing  the  reins  of  the  rules  of  evidence  tight,  to  shut 
out  testimony  which  might  fairly  go  to  relieve  the  accused  of  the 
accusations  made  against  them.  I  think  it  is  better  not  only  for 
them,  but  for  the  Government,  whose  majesty  has  been  violated, 
and  whose  law  you  are  about  to  enforce,  that  there  should  be  liber- 
ality in  allowing  these  parties  to  present  whatever  defence  they  may 
offer.  We  wish  to  show  that  Booth  was  in  that  county  ostensibly, 
according  to  the  common  understanding  of  the  neighborhood,  for 
the  purpose  of  selecting  and  investing  in  lands.  We  introduce 
this  as  explanatory  of  his  meeting  with  Dr.  Mudd,  whose  family, 
as  we  expect  to  show,  were  large  landholders,  and  anxious  to  dispose 
of  their  lands ;  and  I  trust  to  the  liberality  of  the  Court  to  allow 
us  to  prove  it. 

The  Judge  Advocate.  I  wish  certainly  the  utmost  liberality  in 
the  introduction  of  the  testimony  of  the  defence  here,  and  I  hope 
the  Court  will  maintain  it.  If  I  at  any  time  fall  short  myself  of 
maintaining  that  spirit,  I  trust  the  Court  will  do  it.  '  I  think,  how- 
ever, in  this  case,  there  is  no  principle  of  evidence  that  will  admit 
the  mere  talk  of  a  neighborhood.  Any  fact  which  any  witness  knows 
tending  to  show  for  what  purpose  Booth  was  there,  no  matter  what 
that  fact  may  be,  is  admissible  ;  but  a  mere  idle  rumor  ol  which  you 
cannot  take  hold,  on  which  you  cannot  cross-question,  in  regard  to 
which  you  cannot  speak,  it  seems  to  me  on  no  principle  by  which 
the  ascertainment  of  truth  is  sought  can  be  received.  I  wish  to 
state  most  distinctly  to  the  Court,  that  I  desire  the  utmost  latitude 
of  inquiry  indulged  in ;  and  that  every  thing  shall  be  introduced 
which  tends  in  any  manner  to  illustrate  the  defence  which  is  made 
for  these  prisoners.      I  wish  no  technical  objection,  and  shall  never 


THE     TRIAL..  265 

make  one ;  and,  if  made,  I  trast  it  will  never  be  sustained  by  this 
Court. 

The  Commission  sustained  the  objection. 

Cross-examined  by  the  Judge  Advocate  : 

Q.  You  speak  of  the  general  reputation  of  the  prisoner,  Dr. 
Mudd.  Do  you  know  his  reputation  for  loyalty  to  the  Grovernment 
of  the  United  States  during  this  war  ? 

A.  I  really  do  not  know.  I  have  heard  him  say  myself  that  he 
did  not  desire  to  see  two  governments  here.  So  far  as  my  own 
knowledge  goes,  I  have  never  heard  of  any  disloyal  act  of  his  in 
my  life,  —  never  known  of  any. 

Q.    Never  heard  any  disloyal  sentiments  expressed  by  him  ? 

A.  No,  sir ;  not  that  I  am  aware  of.  I  have  heard  him  express 
sentiments  opposed  to  the  policy  of  the  Administration. 

Q.  Do  you,  or  not,  know  that  he  has  been  throughout  opposed 
to  the  action  of  the  Government  of  the  United  States  in  its  endeav- 
ors to  suppress  this  Rebellion  ;  has  been  open  and  undisguised  in 
his  opposition  to  it  ? 

A.  I  do  not  know  it.  For  the  last  two  or  three  years,  our  peo- 
ple indeed,  myself  particularly,  have  had  no  disposition  to  talk 
about  the  Rebellion  or  about  the  war.  Going  on  a  long  time,  I 
very  seldom  ever  talked  about  it  with  anybody.  Very  frequently, 
I  would  not  send  to  the  post-ofl&ce  for  my  papers  for  a  week  ;  and, 
when  I  would  get  them,  would  not  read  them ;  just  look  over  them 
on  Sunday,  and  nothing  more. 

Q.  Do  you,  or  not,  know  that  he  has  constantly  held  that  the 
State  of  Maryland  had  been  false  to  her  duty  in  not  going  with 
other  States  into  the  Rebellion  against  the  Government  ? 

A.   I  never  heard  him  say  so. 

Q.  Have  you  not  from  time  to  time  seen  Confederate  officers  or 
soldiers  about  his  house  ? 

A.   Never. 

Q.    Never  have  seen  them  ? 

A.  Never. 

Q.    You  spoke  of  his  amiability  and  kind  treatment  to  his  ser- 
vants.    Have  you  ever  known  of  his  shooting  any  of  them  ? 
VOL.  n.  23 


266  THE     TRIAL. 

A.   I  heard  of  that. 

Q.    Have  you  any  doubt  of  its  truth? 

A.   No,  sir. 

By  Mr.  Ewing  : 

Q.   State  what  you  heard  about  his  shooting  the  slave. 

A.  I  heard  that  the  servant  was  obstropulous ;  that  he  had  or- 
dered him  to  do  something  about  the  stable,  and  he  refused  to  do 
it,  and  stai-ted  off  to  go  away.  The  doctor  had  his  gun  with  him, 
and  he  thought  he  would  shoot  him  and  frighten  him  to  make  him 
stop  and  come  back.  I  think  I  heard  him  say  so  myself.  He  shot 
him  somewhere  in  the  calf  of  the  leg,  I  think. 

Q.  Do  you  know  what  the  gun  was,  —  whether  it  was  a  shot-gun 
or  not  ? 

A.  It  was  a  shot-gun.  I  do  not  know  whether  it  was  a  double- 
barrelled  or  a  single-barrelled  gun,  but  a  shot-gun,  a  bird-gun,  I 
think. 

Q.  Did  you  hear  any  thing  of  the  servant's  having  attacked 
him? 

A.   I  do  not  recollect. 

Q.  Did  you  hear  that  the  servant  had  first  attacked  him  with^a 
curry-comb  ? 

A.  Really,  I  do  not  recollect.  I  do  not  think  I  have  heard 
that.     I  have  heard  but  little  about  it. 

By  the  Judge  Advocate  : 

Q.    Do  you  know  that  servant  ? 

A.    I  do  not. 

Q.    Have  you  seen  him  ? 

A.  I  have  no  doubt  I  have  seen  him  often  ;  but  I  do  not  know 
him. 

Q.    Do  you  not  know  that  he  is  still  lame  from  that  wound? 

A.  I  do  not.  I  do  not  think  I  have  seen  him  since  the  occur- 
rence. I  think  he  left  the  neighborhood  some  time  afterwai-ds. 
If  I  were  to  see  him  now,  I  think  it  doubtful  whether  I  should 
know  him. 

Q.    Did  you  hear  that  his  limb  was  broken  by  the  shot  ? 

A.    No  :  I  heard  it  was  only  a  flesh-wound. 


THE     TRIAL.  .  207 

By  Mr.  Ewing  : 

Q.    In  what  part  of  the  leg  ? 

A.  In  some  part  of  the  leg  ;  I  do  not  know  whether  in  the  thigh 
or  the  calf  of  the  leg.     It  was  about  the  leg. 

Q.  You  spoke,  on  cross-examination,  of  your  having  heard  Dr. 
Mudd  express  himself  in  opposition  to  the  policy  of  the  Adminis- 
tration. 

A.    Yes,  sir. 

Q.    Did  you  ever  hear  him  express  himself  with  any  violence  ? 

A.  No,  sir  :  I  have  never  heard  in  my  life,  I  think,  a  violent  ex- 
pression from  him.  I  have  been  in  his  company  a  great  deal ;  and  in 
gentlemen's  company  I  do  not  remember  ever  hearing  an  expression 
from  him  that  would  not  have  been  admissible  in  ladies'  society. 

Q.  Did  you  ever  hear  him  indulge  in  violent  denunciation  of 
the  GrovernmentV 

A.    I  never  did  :  it  is  not  his  character  to  do  so. 

Q.  Did  he  ever  talk  much  in  opposition  to  the  Government  wi*h 
you? 

A.  No,  sir  :  I  have  never  heard  him  talk  a  great  deal  about  it ; 
but  I  have  heard  him  make  use  of  expressions,  so  that  I  knew  him 
to  be  opposed  to  the  policy  of  the  Administration  —  I  mean  the 
emancipation  policy.  I  have  reference  only  to  the  emancipation 
policy. 

Q.  You  have  not  heard  him  express  himself  in  opposition  to  the 
policy  of  putting  down  the  armed  rebellion  ? 

A.  No,  sir.  I  have  heard  him  express  himself  as  being  opposed 
to  the  emancipation  policy  :  as  a  large  slave-owner,  himself  and  his 
father,  he  did  not  want  to  lose  his  property.  I  suppose  that  was 
the  objection  he  had  to  the  emancipation  policy  of  the  Government, 
—  I  think,  always  uncompromising  opposition  to  that. 

Francis  Lucas, 

a  witness  called  for  the  accused,  Samuel  A.  Mudd,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Stone  : 

Q.    Where  do  you  live  ? 


268  THE      TRIAL. 

9 

A.  I  live  in  Charles  County,  Md.,  near  Bryantown  ;  two  miles 
from  Brj^antown. 

Q.    In  what  occupation  were  you  engaged  last  December? 

A.  I  am  a  huckster,  and  have  been  for  several  years. 

Q.  State  to  the  Court  whether  there  was  any  arrangement  made 
between  Dr.  3Iudd  and  yourself  as  to  carrying  some  articles  from 
the  city  down  home  for  him  last  December,  and  state  what  time  it 
was. 

A.    It  was  on  Christmas  Eve.     Dr.  Mudd  came  to  me  in  market, 

^  and  asked  me  if  I  would  take  down  a  stove  for  him.     I  promised  to 

do  so  if  I  could.     He  came  to  me  two  or  three  times,  and  asked 

me  not  to  forget  it.     I  finally  told  him  it  was  out  of  my  power  to 

do  it. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.  At  what  time  of  day  did  he  come  to  you  on  Christmas  Eve 
to  ask  you  to  haul  the  stove  ? 

A.  I  do  not  recollect  the  hour :  I  suppose,  about  nine  or  ten 
o'clock. 

John  C.  Thompson, 

a  witness  called  for  the  accused,  Samuel  A.  Mudd,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Stone  : 

Q.    Where  are  you  residing  at  present  ? 

A.    In  Charles  County,  Md. 

Q.    Where  did  you  reside  last  fall? 

A.    In  Charles  County. 

Q.    Did  you  know  J.  Wilkes  Booth  ? 

A.   I  had  a  sHght  acquaintance  with  a  man  of  that  name. 

Q.  Will  you  state  to  the  Court  how  that  acquaintance  com- 
menced ? 

A.  I  was  introduced  to  a  man  styling  himself  Booth  —  I  do 
not  know  whether  it  was  Wilkes  Booth  or  not  —  by  Dr.  Queen, 
my  father-in-law.  I  think  it  was,  as  well  as  I  remember,  the 
•  latter  part  of  October  last,  or  some  time  in  November  following. 


THE     TRIAL.  269 

Q.  Was  this  introcluction  given  to  you  by  Br.  Queen  at  Dr. 
Queen's  house  ? 

A.    Yes,  sir. 

Q.    State  to  the  Court  how  Booth  came  there. 

A.  He  came  there,  as  well  as  I  remember,  in  the  evening,  I 
think  it  was  about  night ;  I  think  it  was  Saturday  night  that  he 
came  there.  The  precise  time  I  cannot  specify,  because  I  did  not 
charge  my  memory  with  the  particular  time  at  which  he  came ;  but 
I  think  it  was  on  Saturday  night,  about  dusk. 

Q,    Had  any  of  the  family  there  known  him  previously? 

A.  None  that  I  know  of.  I  think  I  can  almost  say  with  cer- 
tainty that  none  of  the  family  ever  heard  of  him  before.  I  know 
that  I  had  never  seen  or  heard  of  the  man  before. 

Q.    State  to  the  Court  how  he  got  admission  there  ? 

A.  Dr.  Queen's  son  Joseph  brought  him  there,  I  think,  from 
Bryantown. 

Q.    Where  is  Dr.  Queen  now  ? 

A.    At  his  place  in  Charles  County. 

Q.    State  his  age  and  condition. 

A.  He  is  a  very  old  man.  He  is  seventy-four  years  of  age,  bed- 
ridden, and  very  infirm. 

Q.  Did  this  man  Booth  bring  any  letters  of  introduction  to  Dr. 
Queen?  . 

A.  I  think  he  brought  a  letter  from  somebody  in  Montreal :  if 
I  am  not  mistaken,  it  was  from  a  man  named  Martin. 

Q.    Did  you  see  the  letter  ? 

A.  I  hurriedly  glanced  over  the  letter ;  but,  not  being  a  letter 
to  me,  I  paid  very  little  attention  to  it,  not  being  interested. 

Q.    State  the  purport  of  the  letter,  as  near  as  you  can  remember. 

A.  As  well  as  I  remember,  it  was  simply  a  letter  of  introduction 
to  Dr.  Queen,  saying  that  this  man  Booth  wanted  to  see  the  county. 
That  is  about  it,  as  well  as  I  remember.  I  do  not  know  what  the 
contents  of  the  letter  were  exactly. 

Q.  Were  you,  or  not,  present  at  the  first  meeting  between  Dr. 
Samuel  A.  Mudd,  the  accused,  and  this  man  Booth  ? 

A.    I  think  I  was  at  the  church. 

Q.    State  the  circumstances. 

33* 


270  THE     TRIAL. 

A.  On  Sunday  morning,  this  man  Booth,  Dr.  Queen,  and  my- 
self went  to  the  church  at  Bryantown,  and  I  introduced  Booth  to 
Dr.  Mudd. 

Q.  State  to  the  Court  what  was  Booth's  ostensible  object  in 
visiting  the  county. 

A.  It  was  for  the  purpose  of  purchasing  land  :  that  I  am  con- 
fident and  certain  of.  I  paid  very  little  attention  to  the  man,  as, 
apparently,  he  had  no  business  with  me  after  this  letter  to  Dr. 
Queen.  I  am  confident  that  it  was  for  the  purpose  of  purchasing 
land ;  for  he  so  stated  to  me  :  that  I  distinctly  remember.  He 
asked  me  the  price  of  land  in  that  section  of  the  country ;  and,  as 
well  as  I  remember,  it  has  been  some  time  ago.  I  told  him  that 
land  varied  there  in  price  from  $5  to  $50  per  acre,  according  to 
the  quality  of  the  land,  the  situation  of  the  land,  and  the  improve- 
ments thereon.  Poor  land,  I  thought,  was  worth  only  about  $5  an 
acre  ;  good  land,  with  improvements,  on  a  river,  I  considered  worth 
$50  an  acre.  As  far  as  I  could  ascertain  from  him,  that  was  his 
motive,  his  object,  and  his  ostensible  purpose,  down  there  in  Charles 
County. 

Q.  Did  he  make  any  inquiries  of  you  as  to  who  had  land  for 
sale  ? 

A.  Yes ;  and  I  think  I  told  him  that  I  was  not  very  well  satis- 
fied who  in  the  county  had  land  for  sale,  but  that  Mr.  Henry  Mudd 
was  a  large  land-owner,  and  that  it  was  possible  he  might  select 
land  from  him,  and  he  might  have  land  for  sale ;  but  of  that  fact  I 
was  not  certain,  and  so  stated  to  him. 

Q.    Who  is  Henry  Mudd?     What  relation  is  he  to  the  accused? 

A.    He  is  the  father  of  Samuel  A.  Mudd. 

Q.  Did  he  make  any  inquiries  about  the  distances  from  the 
river  ? 

A.  As  well  as  I  remember,  he  did  make  inquiries  of  me  about 
the  roads  in  Charles  County ;  but  I  was  not  myself  conversant  with 
the  roads  in  Charles.  The  only  road  that  I  knew  was  the  road 
from  Washington,  known  as  the  Stage  Road,  leading  down  to  Char- 
lotte Hall,  and  then  on  down  to  Leonardtown.  I  told  him  that  I 
knew  the  road  as  far  as  from  Washington  to  Bryantown.  As  well 
as  1  remember,  he  asked  me  the  roads  to  the  Potomac  Biver.     I 


THE     TRIAL.  271 

told  him  that  I  was  not  conversant  with  these  roads ;  that  I  knew 
as  far  as  Allen's  Fresh  and  Newport,  but  no  faiiher.  I  never  had 
been  to  the  river,  and  could  not  give  him  any  satisfaction  on  that 
score. 

Q.  Did  Booth  make  any  inquiries  as  to  the  purchase  of  horses 
in  the  neighborhood  ? 

A.  I  think  he  did,  as  well  as  I  remember.  I  think  he  asked 
me  if  there  were  any  horses  in  that  neighborhood  for  sale.  I  told 
him  I  did  not  know;  that  the  Government  had  been  purchasing 
horses,  and  a  good  many  of  the  neighbors  around  had  been  going 
up  to  Washington  to  sell  their  horses.  Whether  there  were  any 
here  for  sale  at  the  time  he  made  the  inquiry  of  me,  I  was  not  able 
to  state  to  him. 

Q.  When  you,  Dr.  Queen,  and  Booth  went  to  church,  next  day, 
was,  or  was  not,  your  meeting  with  Dr.  Mudd,  the  accused,  casual? 

A.    It  was  simply  accidental. 

Q.    Where  did  you  meet  him  ? 

A.  On  Sunday  morning,  in  the  churchyard,  just  in  front  of  the 
church-door,  where  the  male  congregation,  previous  to  divine  ser- 
vice, are  in  the  habit  of  assembling ;  and  I  happened  to  see  Dr. 
Mudd  there  with  a  bevy  of  gentlemen,  —  about  the  first  one  I  think 
I  saw ;  and  I  introduced  him  (Booth)  to  Dr.  Mudd. 

Q.    And  introduced  others,  too,  to  Booth  ? 

A.  I  think  so ;  but  I  am  not  certain.  I  have  no  idea  what  the 
man's  business  was  there,  further  than  that  he  was  apparently  a 
purchaser  of  land.  In  fact,  on  the  night  before,  I  think,  he  told 
me  that  he  had  made  some  speculations,  or  was  a  shareholder,  in 
some  oil  lands  in  Pennsylvania,  somewhere ;  and,  as  well  as  I  re- 
member, he  told  me  that  he  had  made  a  good  deal  of  money  out  of 
those  operations,  and  I  did  not  know  but  what  he  came  down  there 
for  the  purpose  of  investing. 

Q.    Did  Booth  stay  at  Dr.  Queen's  house  during  that  visit? 

A.  I  think  he  staid  there  that  night  and  the  next  day,  as  well 
as  I  remember. 

Q.    Did  you  ever  see  Booth  again  ? 

A.  I  think  some  time,  if  my  memory  serves  me,  in  December, 
he  came  down  there  a  second  time  to  Dr.  Queen's  house.     Bealiy, 


272  THE     TRIAL. 

I  did  not  charge  my  memory  in  regard  to  the  man ;  but  I  think  it 
was  about  the  middle  of  the  December  following  after  his  first  visit 
there. 

Q.    Did  he  stay  all  night  on  his  second  visit  to  Dr.  Queen's  ? 

A.   I  think  he  did,  and  left  very  early  the  next  morning. 

Q.  Did  you  ever  see  him  in  the  country  but  on  those  two 
visits  ? 

A.   Never  after  that. 

Q.  You  do  not  know  of  his  having  been  there  but  on  those  two 
occasions  ? 

A.  When  he  left  Dr.  Queen's,  I  did  not  know  whither  he  went, 
and  am  not  at  all  conversant  with  any  of  his  movements  thereafter. 

Cross-examined  by  Assistant  Judge  Advocate  Burnett  : 

Q.    How  near  do  you  live  to  Dr.  Samuel  A.  Mudd  ? 

A.   I  think  it  is  about  seven  or  eight  miles. 

Q.    And  how  near  to  his  father  ? 

A.   I  think  it  is  about  something  like  seven  miles. 

Q.  How  intimately  are  you  acquainted  with  Dr.  Samuel  A.  Mudd 
and  his  affairs  ? 

A.  I  am  not  very  intimately  acquainted  with  Dr.  Mudd  and  his 
affairs.  I  know  the  doctor  personally ;  and  I  must  state  here  that 
I  never  was  more  astounded  in  my  life  — 

Assistant  Judge  Advocate  Burnett.  That  is  not  the  question. 
I  am  asking  you  simply  as  to  facts.  You  say  that,  of  Dr.  Mudd's 
father,  Booth  was  attempting  to  buy  some  lands,  or  spoke  of  purchas- 
ing some  lands  ? 

A.  He  spoke  of  purchasing  lands ;  but  whether  of  Dr.  Mudd's 
father,  or  not,  I  did  not  state ;  but  I  told  Booth,  that  in  all  proba- 
bility, as  Mr.  Henry  Mudd,  the  father  of  the  accused,  was  an 
extensive  landholder,  perhaps  he  might  be  able  to  purchase  land 
from  him. 

Q.  Did  he,  in  that  conversation,  say  any  thing  to  you  about 
purchasing  lands  from  Dr.  Samuel  Mudd  ? 

A.   No. 

Q.  Do  you  know,  as  a  matter  of  fact,  whether  Dr.  Samuel 
Mudd  does  own  any  lands  there  at  all,  or  not  ? 


THE     TRIAL.  273 

A.  I  am  not  positive  as  to  that.  Dr.  Samuel  Mudd  lives  about 
a  mile,  or  a  mile  and  a  half,  from  his  father's  ;  but  whether  he  lives 
upon  land  that  belongs  to  his  father,  or  not,  I  am  not  able  to  state 
to  this  Court. 

By  Mr.  Stone  : 

Q.    Who  lives  nearer  to  this  city,  Dr.  Queen  or  Dr.  Mudd  ? 

A.  Really,  I  cannot  answer  that  question,  because  I  am  not  very 
well  acquainted  with  the  roads  in  Charles  County  or  Prince  George 
County. 

Q.    You  have  not  been  a  resident  there  all  your  life  ? 

A.  No,  sir ;  only  for  a  short  time  :  but  I  think  Dr.  Mudd  lives 
the  nearer.     I  would  not  state  that  as  a  positive  fact,  however. 

Q.  Does  Dr.  Queen  live  above  or  below  Bryantown,  — north  or 
south  of  it? 

A.  I  really  do  not  know  the  geographical  position  of  the  country. 
If  I  had  a  map,  I  might  tell. 

By  the  Court  : 

Q.  Did  you  see  the  signature  of  that  letter  of  introduction,  dated 
Montreal,  and  directed  to  Dr.  Queen  ? 

A.   I  did. 

Q.    Do  you  remember  what  name  was  signed  to  it  ? 

A.   I  think,  a  man  by  the  name  of  Martin. 

Q.    Do  you  remember  his  first  name  ? 

A.  I  do  not.  It  might  have  been  John,  or  James,  or  William. 
I  am  not  certain  as  to  that. 

Q.  Was  there  any  Martin  resident  about  Maryland  near  where 
Dr.  Queen  lived  ?     Did  you  ever  know  one  ? 

A.  There  is  a  Martin,  who  is  a  lawyer,  I  think,  living  in  the 
neighborhood  of  Charlotte  Hall ;  at  least,  I  have  so  understood.  I 
only  know  him  from  sight. 

Q.  You  did  not  know,  and  had  never  heard  of  the  man  whose 
name  was  signed  to  that  letter  ? 

A.  I  knew  nothing  in  the  world  about  him  :  I  never  saw  him  in 
my  life. 

Q.  Is  it  in  your  knowledge  that  Booth  bought  any  land  in 
Maryland  on  that  letter  of  introduction,  or  otherwise  ? 


274  THE     TRIAL. 

A.   He  never  bought  any  to  my  knowledge. 

On  motion,  the  Commission  adjourned  until  to-morrow,  Saturday, 
May  27,  at  ten  o'clock. 

Saturday,  May  27,  1865. 

The  Commission  again  met  at  the  usual  hour,  and  proceeded  with 
the  examination  of  witnesses,  as  follows :  — 

George  F.  Edmunds, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q.    Where  do  you  reside  ?  -. 

A.   I  reside  at  Burlington,  Vt. 

Q.    What  is  your  profession  ? 

A.    Counsellor-at-law. 

Q.  State  whether  or  not,  on  the  trial  that  recently  occuiTcd  in 
Canada  of  certain  offenders  known  as  the  St.  Alban's  raiders,  you 
appeared  as  counsel  for  the  Government  of  the  United  States  ? 

A.  I  had  charge  of  the  matter  for  the  Government  of  the  United 
States. 

Q.  Will  you  state  whether,  in  the  performance  of  your  profes- 
sional duties  there,  you  made  the  acquaintance  of  Jacob  Thompson, 
William  C.  Cleary,  Clement  C.  Clay,  George  N.  Sanders,  and 
others  of  that  clique  ? 

A.  In  the  sense  in  which  that  term  is  ordinarily  understood,  I 
did  not.  I  know  those  persons  from  seeing  them  every  day,  and 
having  them  pointed  out  to  me.  I  did  not  have  the  honor,  if  it 
may  be  called  such,  of  being  introduced  to  them, 

Q.    Were  they  in  attendance  upon  the  court  ? 

A.   They  were. 

Q.  Were  they  engaged  as  officers  of  the  Confederate  Government 
in  defending  those  raiders? 

A.  They  assumed  to  exercise  those  functions.  I,  of  course,  have 
no  personal  knowledge  of  their  real  authority. 

Q.  The  question  I  mean  to  ask  is,  whether  they  assumed  to  be, 
and  recoo-nizcd  each  other  as  being,  in  the  rebel  service? 


THE     TRIAL.  275 

A.  They  did  so,  all  of  them.  It  was  notoriously  understood,  in 
that  city,  that  they  were  the  representatives  of  that  cause. 

Q.  Mention  the  persons  whom  you  met  there,  and  who  were  so 
recognized. 

A.  I  do  not  think  I  saw  Mr.  Thompson  more  than  once.  I  saw 
Mr.  C.  C.  Clay,  during  the  earlier  part  of  the  proceedings,  almost 
daily,  and  Mr.  Sanders  during  the  whole  of  the  period.  Mr. 
Cleary,  whom  you  mention,  I  saw  to  know  at  a  later  period,  when 
he  was  examined  as  a  witness  on  the  part  of  the  defendants. 

Q.  Did  he  represent,  in  his  testimony  on  that  trial,  that  those 
persons  were  engaged  in  the  Confederate  service,  and  that  that  raid 
was  made  under  the  authority  of  the  Confederate  Government  ? 

A.  He  so  represented,  as  did  all  of  those  persons :  they  stood 
upon  that  defence. 

Q.  [Exhibiting  to  the  witness  a  volume  entitled  "  The  St. 
Alban's  Raiders,  or  Investigation  into  the  Charges  against  Lieuten- 
ant Bennet  H.  Young  and  Command,  for  their  Acts  at  St.  Alban's, 
Vt.,  on  the  19th  of  October,  1864,"  and  represented  to  have  been 
compiled  by  "  L.  N.  Benjamin,  B.  C.  L.,"  and  printed  at  '•  Mon- 
treal by  John  Lovell,  St.  Nicholas  Street,  1865."]  Look  at  paper 
B,  on  page  216,  of  this  book,  and  state  whether  or  not  you  have 
seen  the  original  of  that  document. 

A.   I  have  seen  the  original  of  that  document. 

Q.  Was  it,  or  not,  given  in  evidence  on  the  trial  to  which  you 
referred  ? 

A.  It  was  given  in  evidence  at  the  trial  on  the  part  of  the 
defendants,  Mr.  Young  and  others. 

Q.    Given  in  evidence  by  them  as  a  genuine  document? 

A.   It  was. 

Q.    Is  that  a  correct  copy  of  it? 

A.  I  cannot  swear  that  it  is  a  compared  copy ;  but  I  examined 
the  original  very  critically,  and  I  am  able  to  swear  that  it  is  sub- 
stantially a  copy,  and  I  have  no  doubt  that  it  is  a  literal  copy. 

The  letter  was  read,  as  follows  :  — 


276  THE     TRIAL. 

Paper  R.  "  Confederate  States  of  America, 

War  Department, 

Richmond,  Va.,  June  16,  1864. 
''Lieutenant  Bennet  H.  Young. 

"Lieutenant,  —  You  have  been  appointed  temporarily  first 
lieutenant  in  the  provisional  army  for  special  service. 

"  You  will  proceed,  without  delay,  to  the  British  provinces, 
where  you  will  report  to  Messrs.  Thompson  and  Clay  for  instruc- 
tions. 

"  You  will,  under  their  direction,  collect  together  such  Confed- 
erate soldiers  who  have  escaped  from  the  enemy,  not  exceeding 
twenty  in  number,  as  you  may  deem  suitable  for  the  purpose,  and 
will  execute  such  enterprises  as  may  be  intrusted  to  you.  You  will 
take  care  to  commit  no  violation  of  the  local  law,  and  to  obey  im- 
plicitly their  instructions.  You  and  your  men  will  receive  from 
these  gentlemen  transportation,  and  the  customary  rations  and 
clothing,  or  the  commutation  therefor. 

**  James  A.  Seddon,  Sec.  of  War. 
"Va.,  June  16." 

[The  book  containing  the  foregoing  letter  was  offered  in  evidence 
without  objection.] 

Q.  Was  the  "  Young  "  referred  to  in  that  commission  one  of  the 
St.  Alban's  raiders? 

A.  I  do  not  know  that  I  can  answer  that  question  literally.  He 
produced  that  document,  and  professed  to  be  the  person  named  in 
it ;  and  I  have  no  doubt  he  was. 

Q.    He  was  on  trial  ? 

A.  He  was  on  trial ;  and,  as  such,  produced  that  document  as 
his  authority  for  the  acts  he  did  at  St.  Alban's. 

The  Judge  Advocate.  If  the  Court  please,  since  I  announced, 
the  other  day,  that  the  testimony  on  the  part  of  the  Grovernment  was 
closed  so  far  as  the  cases  of  individual  prisoners  were  concerned,  I 
have  discovered  an  important  witness,  then  unknown  to  me ;  and  I 
deem  it  proper  to  state  to  the  Court  that  he  is  now  present,  and  that 
I  desire,  in  the  interest  of  public  justice,  that  he  may  be  examined. 
It  will  occupy  but  a  moment ;  it  is  as  to  a  single  point ;  and  it  is 


THE     TRIAL.  211 

testimony  of  which  I  had  no  knowledge  or  information  at  the  time 
I  made  that  declaration  to  the  Court  the  other  day.  I  submit  to  the 
Court  whether,  in  its  discretion,  it  will,  notwithstanding  that  an- 
nouncement, permit  the  testimony  to  be  received.  I  have  no  doubt 
of  the  power  of  the  Court.     It  is  a  matter  of  discretion. 

Mr.  Ewing.  The  Judge  Advocate  has  not  stated  to  which  of  the 
prisoners  the  testimony  proposed  to  be  introduced  applies. 

The  Judge  Advocate.  No  :  I  did  not  wish  to  do  that.  I  wish 
simply  to  state  that  the  testimony  is  important. 

Mr.  Ewing.  The  prisoners  are  represented  by  different  counsel, 
and  I  think  it  should  be  stated  to  which  of  them  the  testimony  to 
be  introduced  applies. 

The  Judge  Advocate.  As  the  counsel  suggests  that  it  is  proper 
I  should  make  known  to  which  of  the  prisoners  the  testimony 
applies,  I  have  no  hesitation  in  doing  so  :  it  is  the  case  of  Atzerodt. 

Mr.  Doster  [counsel  for  the  prisoner,  George  A.  Atzerodt].  It 
was  understood,  I  believe,  the  other  day,  that  the  testimony  was 
closed  for  the  prosecution  as  far  as  any  individual  prisoners  were 
concerned ;  at  least,  I  understood  so. 

The  Judge  Advocate.  That  was  the  understanding ;  but  this 
testimony  has  been  since  discovered. 

Mr.  Poster.  I  have  not  opened  the  defence  for  him  ;  and  I  have 
no  objections,  therefore. 

The  President.  No  objection  being  interposed  by  counsel,  the 
witness  will  be  introduced. 


Colonel  William  R.  Nevins, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q.    Where  do  vou  reside  ? 
A.   In  New  York,  at  present. 

Q.    Will  you  'state  whether  or  not  you  were  in  this  city  in  the 
month  of  April  last ;  and  if  so,  on  what  day  ? 

A.   I  was  here  on  the  12th  of  April,  I  think.     I  recollect  the 

VOL.  II.  24 


278  THE      TRIAL. 

date  from  a  pass  that  I  obtained  from  the  War  Department  to  go  to 
Richmond,  bearing  date  the  12th  of  April  last. 

Q.    Where  did  you  stop  in  this  city  ? 

A.   At  the  Kirk  wood  House. 

Q.  Will  you  look  at  the  prisoners  at  the  bar,  and  see  whether 
you  recognize  either  of  them  as  the  person  whom  you  met  in  that 
house  on  that  day  ? 

A.  That  man  there  [pointing  to  the  prisoner,  George  A.  At- 
zerodt].     I  think  that  is  the  man. 

Q.  Will  you  state  under  what  circumstances  you  met  him,  and 
what  he  said  to  you  V 

A.  He  had  on  a  dark  coat,  darker  than  the  one  he  has  on  ;  and, 
as  I  was  coming  out,  he  asked  me  if  I  knew  where  Vice-President 
Johnson,  or  his  room,  was.  I  do  not  remember  which  he  asked  first; 
and  I  showed  him  on  the  left-hand  side  where  the  room  was,  and 
told  him  that  the  Vice-President  was  then  at  dinner.  There  was 
no  other  person  excepting  the  Vice-President  in  the  dining-room  at 
the  time.  I  told  him  the  Vice-President  was  there.  I  thought  he 
was  a  stranger,  and  referred  him  to  the  Vice-President's  servant, 
who  was  a  yellow  man,  standing  behind  him. 

Q.  Did  I  understand  you  to  say  that  he  asked  where  the  room 
of  the  Vice-President  was  '? 

A.  Yes,  sir  :  I  think  that  was  his  first  question.  I  did  not 
know  the  number  of  his  room  ;  but  I  knew  it  was  on  the  left-hand 
side,  next  to  the  parlor  ;  and  I  told  him.  "  However,"  said  I,  "  the 
Vice-President  is  now  eating  his  dinner." 

Q.    Did  you  then  part  with  him,  or  where  did  he  go  ? 

A.  I  passed  on.  I  was  going  on  to  New  York  for  Major  Dovi- 
ney,  who  was  to  go  down  with  me  to  Kichmond. 

Q.    Did  you  leave  him  standing  there,  or  did  he  go  away? 

A.  He  looked  in  the  dining-room.  I  do  not  know  whether  he 
went  in  or  not. 

Q.  You  say  you  pointed  out  to  him  the  location  of  the  Vice- 
President's  room  ? 

A.  Yes,  sir :  I  said  it  was  the  first  room  on  the  left-hand  side. 
That  was  his  room  on  that  floor.  My  room  was  No.  64,  on  the 
same  floor,  but  the  opposite  passage. 


THE     TRIAL.  279 

Q.    Was  the  room  in  view  from  where  you  pointed  it  out  ? 

A.  Yes,  su- :  it  was  on  the  passage  that  led  into  the  dining-room ; 
and  between  that  and  the  space  where  you  go  down  to  the  dining- 
room  was  where  this  man  met  me. 

Cross-examined  by  Mr.  Doster  : 

Q.    What  time  of  day  was  this  ? 

A.  I  think  it  was  between  four  and  five  o'clock.  I  had  been 
delayed  at  the  War  Department,  and  was  in  a  great  hurry  at  the 
time.  I  was  going  ojQT  on  the  New- York  train  to  get  a  gentleman 
—  Major  Deviney  —  to  go  down  with  me  to  Richmond. 

Q.    It  was  between  four  and  five  o'clock  ? 

A.  I  think  it  was.  There  was  no  other  person  at  dinner  at  the 
time  but  the  Vice-President  and  myself. 

Q.  Where,  precisely,  in  the  house  did  this  conversation  take 
place  ? 

A.  Right  in  the  hall  j  in  the  passage  leading  into  the  dining- 
room. 

Q.    I  understood  you  to  say  that  he  looked  into  the  dining-room. 

A.  No  :  the  passage  does  not  look  into  it ;  but  there  are  two  or 
three  steps  (I  do  not  remember  which)  to  go  down  ;  and  this  man 
met  me  near  the  dining-room  steps,  where  you  go  down. 

Q.    I  understood  you  to  say  he  looked  into  the  dining-room  ? 

A.  I  showed  him  where  the  Vice-President  was.  He  was  sit- 
ting at  the  far  end  of  the  room.  I  pointed  out  that  that  was  him 
with  his  yellow  man  behind  him.  The  man  had  on  a  dark  coat, 
and  dark  clothes  at  the  time  ;  but  that  is  the  man,  I  am  most  cer- 
tain [pointing  to  the  prisoner,  George  A.  Atzerodt]. 

Q.    How  long  did  this  conversation  take  ? 

A.  No  longer  than  I  told  him  the  words.  I  do  not  suppose  it 
was  over  three  minutes. 

Q.  Have  you  seen  the  prisoner  between  to-day  and  that  occa- 
sion ? 

A.   I  never  saw  him  to  my  knowledge  before. 

Q.    Have  you  seen  him  since  that  time  ? 

A.    No,  sir  ;  not  that  I  know  of. 

Q.    You  have  not  seen  him  since  he  has  been  in  custody  ? 


280  THE     TRIAL. 

A.  No,  sir :  I  have  not  been  here  since.  I  came  in  this  morn- 
ing in  the  five-o'clock  train.  / 

Q.    Describe  the  rest  of  the  dress  of  the  person  you  saw. 

A.  I  could  not  describe  the  dress  exactly,  no  more  than  it 
was  dark.  I  was  in  a  hurry,  and  I  thought  the  gentleman  was  a 
stranger. 

Q.    What  sort  of  a  hat  did  he  have  on  ? 

A.   It  was  a  low-crowned  hat,  a  felt  hat. 

Q.    What  color? 

A.  Black. 

Q.    What  sort  of  pantaloons  ? 

A.  His  clothes  all  looked  dark  in  the  passage.  His  countenance 
I  know ;  and  that  is  the  same  man  [pointing  to  the  prisoner,  George 
A.  Atzerodt].     I  did  not  look  at  his  clothes  particularly. 

Q.  What  marks  are  there  about  his  person  that  make  you  recog- 
nize him  as  the  one  ? 

A.  I  do  not  know  any  particular  marks  about  him,  no  more  than 
that  I  could  tell  him  among  fifty  thousand.  I  think  you  would 
have  to  look  at  a  great  many  before  you  would  see  one  exactly  the 
same. 

Q.    Are  you  near-sighted  ? 

A.   No,  sir ;  not  at  all. 

Q.  Will  you  be  kind  enough  to  state  to  the  Court  how  old 
you  are? 

A.  I  was  born  on  the  22d  day  of  February,  1803.  I  guess  you 
are  a  tolerable  counter,  and  can  count  that. 

By  the  Judge  Advocate  : 

Q.  I  will  ask  you  whether  or  not,  in  coming  into  the  presence 
of  this  man,  you  did  not  at  once  recognize  him  without  his  having 
being  pointed  out  to  you  at  all. 

A.  Certainly.  The  colonel  (Assistant  Judge  Advocate  Bur- 
nett) asked  me  ;  and  I  told  him  it  was  the  same  man. 

By  Assistant  Judge  Advocate  Burnett  : 

Q.    When  you  first  came  into  this  room,  did  you  or  not,  withou 
any  of  the  prisoners  being  designated  to  you,  select  the  prisons 
[Atzerodt]  as  the  person  whom  you  had  seen  at  the  Kirkwood 
House  'i 


THE     TRIAL.  281 

A.  Yes,  sir. 

Q.  Was  his  name  mentioned  to  you  at  the  time  until  after  your 
answer  ? 

A.   No,  sir  :  his  name  has  not  been  mentioned  yet  that  I  know  of. 

Q.  And  no  indication  was  made  to  you  as  to  which  was  the 
person  ? 

A.   I  do  not  know  his  name  now. 

Q.    And  that  was  on  the  other  side  of  the  room,  was  it  not? 

A.   Yes,  sir. 

By  Mr.  Doster  : 

Q.  Where  were  you  in  this  room  when  your  attention  was  first 
called  to  this  person  ? 

A.   In  the  corner  near  the  door. 

Q.   Who  first  called  your  attention  to  him  ?     Colonel  Burnett  ? 

A.  Yes,  sir. 

By  Assistant  Judge  Advocate  Burnett  : 

Q.  I  will  ask  you  whether  or  not  any  thing  further  was  said  thau 
simply  to  point  out  the  man  whom  you  saw,  if  he  was  here.  Were 
not  those  my  words  ? 

A.  You  did  not  ask  any  more  than  whether  I  knew  him,  and 
whether  I  would  point  out  the  man ;  and  I  then  answered. 

Q.    Pointing  to  this  same  man  ? 

A.  Yes,  sir ;  and  then  you  said  to  me  to  go  in  the  next  room, 
and  you  would  see  me  there.     That  was  all  the  conversation. 

Q.    You  have  no  doubt  about  that  being  the  person  ? 

A.   Oh,  no,  sir  ! 

Betty  Washington, 

a  witness  called  for  the  accused,  Samuel  A.  Mudd,  being  duly 
sworn,  testified  as  follows  :  — 

9 

By  Mr.  Stone  : 

Q.    Where  do  you  live  now  ? 

A.   I  live  at  Dr.  Sam.  Mudd's. 

Q.    How  long  have  you  been  living  there  ? 

24* 


282  THE     TRIAL. 

A.  As  near  as  I  can  come  at  it,  I  came  there  on  the  Monday 
after  Chiistmas. 

Q.    Have  you  been  living  there  ever  since  ? 

A.   Yes,  sir. 

Q.    Were  you  a  slave  before  the  emancipation  in  Maryland  ? 

A.   Yes,  sir.     I  was  a  slave  before  then. 

Q.    To  whom  did  you  belong  then  ? 

A.   To  Mi-s.  Adelaide  3Iiddleton. 

Q.  Will  you  state  to  the  Court  whether  you  have  been  at  Dr. 
Mudd's  all  the  time  from  the  time  you  went  there  on  the  Monday 
after  Christmas  up  to  the  time  you  came  here  to  Washington  ? 

A.  Yes,  sir :  I  have  not  been  away  from  there  any  time  except 
a  part  of  the  time  at  night,  and  on  Sunday,  when  I  would  go  out. 

Q.  Have  you  ever  staid  away  from  there  any  night  since  you 
went  there,  until  you  came,  to  Washington  as  a  witness  ? 

A.  No,  sir  ;  not  a  night  since  I  have  been  there,  until  I  came 
here. 

Q.  Will  you  state  to  the  Court  whether  Dr.  Mudd  was  absent 
from  home  any  night  in  the  month  of  January  ? 

A.  I  do  not  know  any  night  that  he  staid  from  home,  except  on 
three  nights  ;  and  I  cannot  say  what  month  it  was. 

Q.    He  has  been  away  three  times  since  you  have  been  there  ? 

A.   Yes,  sir,  of  a  night. 

Q.    And  only  three  times  to  stay  away  at  night  ? 

A.    Only  three  times  tbat  I  can  recollect. 

Q.    Where  did  he  go  the  first  time  ? 

A.  The  first  time  he  went  to  Mr.  George  Henry  Gardiner's  to  a 
party. 

Q.    Did  his  family  go  with  him  then  ? 

A.   Yes,  sir  :  his  wife  went  with  him. 

Q.    At  what  time  did  he  get  back  ? 

A.  Some  time  that  night  :  I  do  not  know  exactly  what  time 
it  was. 

Q.    What  time  did  he  leave  that  evening  to  go  to  the  party  ? 

A.   He  left  after  sundown. 

Q.    And  he  and  his  wife  got  back  late  that  night  ? 

A.    Yes,  sir  ;  but  I  could  not  say  what  time  it  was. 


THE     TRIAL.  283 

Q.  State  to  the  Court  wben  was  tlie  next  time  that  he  staid  away 
all  night. 

A.   The  next  time  he  went  to  Giesboro'  to  buy  some  horses. 

Q.    State  at  what  time  that  was. 

A.  I  cannot  think  what  time  of  the  year  it  was.  It  was  since 
last  Christmas. 

Q.  Can  you  fix  the  month?  Do  you  think  it  was  January, 
February,  or  March  ? 

A.   I  cannot  think  what  month  it  was  exactly. 

Q.  From  the  best  of  your  recollection,  though,  he  has  been 
away  from  home  at  night  but  three  times  since  you  have  been 
there  ? 

A.  Only  three  times,  to  the  best  of  my  recollection,  since  I  have 
been  there. 

Q.    How  long  did  he  stay  the  last  time  he  was  away  ? 

A.   He  came  back  the  next  day,  I  think. 

Q.    He  went  away  one  day,  and  came  back  the  next  ? 

A.   Yes,  sir. 

Q.  Then  in  all  he  was  away  two  nights,  and  that  part  of  a  night 
he  was  at  George  Henry  Gardiner's  party  ? 

A.   Yes,  sir. 

Q.    Do  you  know  where  he  was  the  last  time  ? 

A.  The  last  time  he  went  to  Washington ;  in  the  latter  part  of 
the  month,  I  think  it  was. 

Q.    Do  you  know  where  he  went  the  other  time? 

A.    I  have  stated  the  only  three  times  he  was  away. 

Q.  But  you  say  the  last  time  he  went  to  Washington.  Where 
did  he  go  the  other  time  ? 

A.  The  first  time  he  went  to  Mr.  George  Henry  Gardiner's ; 
and  then  the  next  time  he  went  to  Giesboro,'  as  I  have  said. 

Q.    And  the  last  time  he  went  to  Washington? 

A.   Yes,  sir. 

Q.  When  he  went  to  Giesboro,'  at  what  time  of  the  day  did  he 
start  ? 

A.   He  started  in  the  morning. 

Q.    Did  he  come  back  the  next  day  ? 

A.   Yes,  sir :  I  think  he  came  back  the  next  day. 


284  THE     TRIAL. 

Q.  Who  went  with  him  to  Giesboro'  ? 

A.  I  think  his  brother  went  him,  —  Mr.  Henry  Mudd. 

Q.  Who  went  with  him  when  he  came  to  Washington  ? 

A.  I  did  hear  that  Mr.  Gardiner  came  with  him. 

Assistant  Judge  Advocate  Bingham.  You  need  not  state 
what  you  heard. 

Q.  [By  Mr.  Stone.]  Did  anybody  start  from  the  house  with 
him  that  you  remember  ? 

A.   No  one  that  I  know  of. 

Q.  But  when  he  went  to  Giesboro',  his  brother  started  with 
him? 

A.   Yes,  sir. 

Q.  Kl  what  time  did  he  get  home  when  he  went  to  Washing- 
ton ? 

A.  As  near  as  I  can  come  at  it,  it  was  at  night  when  he  came 
back. 

Q.    Did  any  one  come  back  with  him  that  you  remember  ? 

A.   I  do  not  remember  who  came  back  with  him. 

Q.  Did  you  see  the  two  men  that  came  there  lately,  called  Booth 
and  Herold  ? 

A.   I  only  saw  one. 

Q.    Was  it  the  small,  or  large  one  ? 

A.   It  was  the  small  one  that  I  saw. 

Q.    Which  way  was  he  going  when  you  saw  him  ? 

A.  I  was  standing  at  the  kitchen  window,  and  I'  just  saw  a 
glimpse  of  him  going  in  the  direction  of  the  swamp. 

Q.    Did  Dr.  Mudd  go  across  the  swamp  with  him  ? 

A.   I  did  not  see  any  one  but  him  at  that  time. 

Q.    He  was  then  going  in  the  dii-ection  of  the  swamp? 

A.  Yes,  sir ;  in  that  direction ;  and  it  must  have  taken  him  to 
the  swamp. 

Q.  State  to  the  Court  how  long  after  you  saw  him  going  in  that 
direction  was  it  before  you  saw  Dr.  Mudd. 

A.  It  was  not  more  than  three  or  four  minutes ;  and  then  the 
doctor  came  to  the  door.  Mrs.  Mudd  had  started  off  a  little  girl 
for  a  woman  to  come  and  clean  the  house,  as  the  gentleman  had 


THE     TRIAL.  285 

gone ;  and  then  Dr.  IMucld  came  in,  and  asked  if  they  had  not 
gone  for  the  woman  to  clean  up  the  house. 

Q.  And  that  was  not  more  than  three  or  four  minutes  after  you 
saw  the  men  going  in  the  direction  of  the  swamp  ? 

A.   No,  sir. 

Q.    Did  you  ever  see  that  small  man  there  before  ? 

A.   No,  sir. 

Q.    You  did  not  see  the  large  man  at  all? 

A.   No,  sir  :  I  did  not. 

Q.  [Submitting  to  the  witness  the  card-photograph  of  J.  Wilkes 
Booth,  marked  Exhibit  No.  1.]  Look  at  that  picture,  and  see  if 
you  ever  saw  that  man  at  Dr.  Mudd's. 

A.   If  I  ever  saw  him,  I  cannot  recollect  him. 

Q.    You  do  not  recollect  of  ever  seeing  him  ? 

A.  No,  indeed :  I  never  saw  anybody  like  that  picture  that  I 
can  recollect. 

Q.  I  understand  you  to  say,  that,  when  the  doctor  went  to  Gies- 
boro,'  he  went  away  one  day  and  came  back  the  next,  and  was  away 
one  night? 

A.   Just  one  night,  to  the  best  of  my  recollection. 

Q.  And  when  he  went  to  Washington,  he  left  home  one  day  and 
came  back  the  next,  and  was  away  one  night  ? 

A.   Yes,  sir,  to  the  best  of  my  recollection. 

Cross-examined  by  Assistant  Judge  Advocate  Bingham  : 

Q.  Is  not  Giesboro'  right  here  by  Washington  City,  —  over  the 
river  ? 

A.   I  do  not  know  where  it  is  at. 

Q.  You  do  not  know  that  he  went  there,  except  from  what  he 
said,  do  you  ? 

A.  I  know  he  told  me  that,  and  his  wife  did. 

Q.    That  is  the  only  way  you  know  any  thing  about  it  ? 

A.  Yes,  sir. 

Q.  Was  it  in  January  last  that  he  went  away,  — the  time  you 
say  he  went  to  Giesboro'  ? 

A.   It  might  have  been  that  time  :  I  cannot  recollect  exactly. 


286  THE     TRIAL. 

Q.  What  time  was  it  when  he  first  went  away  after  you  went 
there  at  Christmas  ? 

A.   I  was  not  at  his  house  until  the  Monday  after  Christmas. 

Q.  Was  it  the  week  you  came  there  that  he  went  away  the  first 
time? 

A.  Indeed,  I  cannot  recollect  whether  he  went  the  week  I  came 
there  or  not.     I  know  he  went  since  I  have  been  there. 

Q.  How  long  was  it  after  you  came  there  that  he  went  away  the 
next  time  ?     Was  it  two  weeks  after  ? 

A.  Two  or  three  weeks  after,  as  near  as  I  recoUect.  I  cannot 
recollect  exactly. 

Q.    And  that  second  time  he  was  away  all  night  ? 

A.   Yes,  sir. 

Q.  How  long  after  you  came  there  was  the  third  time  he  went 
away  when  he  was  away  all  night  ? 

A.  I  think  there  was  about 'a  week  or  two  weeks  between  the 
time  he  went  to  Griesboro'  and  the  next  time  he  went  away ;  but  I 
cannot  come  at  it  exactly. 

By  the  Coukt  : 

Q.    When  he  went  to  Griesboro',  did  he  buy  any  horses? 
A.   He  said  he  missed  the  day,  and  could  not  buy  any. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.  You  do  not  know  any  thing  about  whether  anybody  went 
with  him  there,  except  ft'om  what  he  said,  or  his  wife  said,  do  you  ? 

A.  JMr.  Henry  Mudd,  his  brother,  was  there  to  go  with  him  one 
day. 

By  Mr.  Stone  : 

Q.    Did  Mr.  Henry  Mudd  start  fi-om  the  house  with  him  ? 
A.   Yes,  sir. 

Jeremiah  F.  Mudd 

recalled  for  the  accused,  Samuel  A.  Mudd. 

By  Mr.  Ewing  : 

Q,  Are  you  acquainted  with  the  handwriting  of  the  accused, 
Samuel  A.  Mudd? 


THE     TRIAL.  287 

A.   Yes,  sir :  I  have  seen  it  often  and  frequently. 

Q.  [Exhibiting  to  the  witness  the  register  of  the  Pennsylvania 
House,  heretofore  produced.]  State  whether  you  see  his  hand- 
writing there. 

A.   I  do.     It  is  on  the  page,  open  before  me. 

Q.    What  is  the  date  of  the  entry? 

A.   Friday,  Dec.  23,  1864. 

Q.    What  is  the  book  ? 

A.  The  Pennsylvania-House  hotel-register.  I  am  very  familiar 
with  this  register.  I  have  registered  my  name  repeatedly  in  this 
book  at  that  hotel  in  times  past.  That  is  his  handwriting.  I  regis- 
tered my  own  name  two  names  above  his.     We  went  in  together. 

Q.  Do  you  know  in  what  hotel  in  Washington  Dr.  Samuel  A. 
Mudd  was  in  the  habit  of  stopping  ? 

A.  No,  sir ;  I  do  not.  He  had  some  relatives  in  Washington, 
and  I  frequently  heard  him  speak  of  stopping  at  night  with  his 
relatives.  This  is  the  only  time  I  ever  recollect  being  with  him  in 
Washington. 

Q.  Are  you  acquainted  with  Daniel  J.  Thomas,  who  has  been 
a  witness  for  the  prosecution  in  this  case  ? 

A.   Yes,  sir  :  I  am  acquainted  with  him. 

Q.  Do  you  know  his  reputation,  in  the  neighborhood  in  which 
he  lives,  for  truth  and  veracity  ? 

A.   I  think  I  do  know  his  reputation. 

Q.    State  what  it  is. 

A.   It  is  bad. 

Q.  From  your  knowledge  of  his  reputation  for  truth  and  ve- 
racity, would  you  believe  him  under  oath  ? 

A.   I  do  not  think  I  could. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.  When  you  state  that  you  know  his  reputation,  what  do  you 
mean  by  that  ? 

A.  I  mean  that  he  is  riding  about  the  country,  telHng  a  great 
many  things  marvellous  and  miraculous. 

Q.    You  mean  that  by  his  general  reputation  ? 

A.   Yes,  sir. 


288  THE     TRIAL. 

Q.  Did  you  base  the  opinion  as  to  his  general  reputation  being 
bad  on  the  fact  of  his  riding  about  the  country,  telling  marvellous 
stories  ? 

A.   Not  entirely,  sir. 

Q.    On  what  did  you  base  that  opinion  ? 

A.   From  my  personal  acquaintance  with  and  knowledge  of  him. 

Q.  Did  you  base  it  on  your  personal  acquaintance  with  and 
knowledofe  of  him  ? 

A.   Yes,  and  what  is  generally  spoken  of  him  by  others. 

Q.  What  do  you  say  has  been  generally  spoken  of  him  by  oth- 
ers in  regard  to  his  reputation  for  truth  ? 

A.   I  say  that  it  is  pretty  bad. 

Q.  Is  that  what  is  generally  spoken  of  him  by  his  neighbors 
where  he  lives  ? 

A.   Yes,  sir,  so  far  as  has  come  under  my  knowledge. 

Q.  How  many  persons  did  you  ever  hear  speak  of  his  general 
reputation  for  truth  before  this  trial  here,  and  his  testimony  the 
other  day  ? 

A.  I  assure  you  that  it  has  not  been  since  this  occurrence  that 
I  have  formed  this  opinion,  by  any  means. 

Q.  Who  did  you  hear  speak  of  his  general  reputation  for  truth 
before  ? 

A.  I  hardly  know  how  I  can  illustrate  that,  unless  I  state  one  or 
two  little  circumstances. 

Q.  I  am  not  asking  for  circumstances,  but  I  am  asking  who  you 
heard  speak  of  his  general  reputation  for  truth. 

A.   I  have  heard  several,  —  many. 

Q.    You  say  many  ? 

A.   I  think  so. 

Q.    How  many  did  you  hear  speak  of  it  ? 

A.   I  do  not  know  that  I  could  state  now. 

Q.    Did  you  hear  ten  ? 

A.   I  think  perhaps  I  have  heard  ten. 

Q.   Are  you  sure  of  that  ? 

A.  I  think  so.  I  am  pretty  certain  that  I  have  heard  as  many 
as  ten  speak  of  it. 

Q.    Can  you  name  the  ten  ? 


THE      TRIAL.  289 

A.  I  really  do  not  know.  I  am  speaking  now  from  wliat  I  hear 
generally. 

Q.    Can  you  name  half  of  the  ten? 

A.   I  think  I  can. 

Q.    Who  are  they? 

A.  I  think  I  might  say,  .with  a  great  deal  of  propriety,  that  I 
might  name  a  dozen  whom  I  heard  make  that  remark. 

Q.   Who  are  they  ? 

A.  I  will  name  Dr.  George  Mudd  for  one  :  I  think  I  can  name 
Mr.  Gardiner. 

Q.    When  did  you  hear  Dr.  George  Mudd  speak  about  it? 

A.  I  think  I  have  heard  him  speak  about  it  as  early  as  two 
years  ago. 

Q.    What  did  he  say  of  Thomas's  general  character  for  truth  ? 

A.   Just  what  I  have  said  here  about  it,  pretty  much. 

Q.    What  did  he  say  of  Thomas's  general  character  for  truth? 

A.  That  it  was  bad ;  that  he  did  not  think  his  character  for 
truth  was  good ;  that  it  was  bad. 

Q.    How  did  he  come  to  say  that? 

A.  It  was  in  connection  with  some  matter  that  grew  out  of  the 
cu'cumstances  of  Colonel  Birney's  being  down  there.  I  mentioned 
that  because  it  was  about  that  time. 

Q.    Colonel  Birney  in  the  Union  service  ? 

A.  Yes,  sir.  It  was  about  the  time  Colonel  Bu'ney  was  sta- 
tioned at  Benedict,  I  think,  that  I  heard  this  remark,  to  the  best  of 
my  knowledge. 

Q.  You  did  not  understand  that  Thomas  was  opposed  to  Colonel 
Birney  and  his  Union  force  ? 

A.  Not  at  all.  I  merely  mentioned  that  as  about  the  time.  It 
grew  out  of  a  circumstance  that  occurred  then.  I  heard  many 
speak  of  it. 

Q.   What  was  it  about  ? 

A.    About  his  having  a  man  arrested  there. 

Q.    Arrested  for  what?     For  treason? 

A.  I  do  not  know  what  it  was  for  that  he  was  airested,  and  car- 
ried up  to  Colonel  Bkney's ;  and  it  was  reported,  and  generally 

VOL.   II.  25 


290  THE     TRIAL. 

stated,  that  it  was  on  the  testimony  of  Thomas ;  and  he  was  released, 
and  sent  home  the  next  day.  • 

Q.  And,  because  he  was  not  held  and  kept,  they  concluded  that 
Thomas  was  not  entitled  to  belief? 

A.    I  do  not  know  that  that  was  the  conclusion. 

Q.  Do  you  not  know  that  the  fact  about  it  was  that  Thomas  had 
had  a  man  arrested  for  some  sort  of  disloyalty  ? 

A.    No,  sir  :  I  do  not  know  that. 

Q.    Who  was  the  man  that  he  had  arrested? 

A.    His  name  was  Bean,  I  think. 

Q.  Was  it  not  spoken  of  by  Dr.  Greorge  Mudd  that  he  had  been 
arrested  for  some  sort  of  disloyalty  ? 

A.    Possibly  it  was. 

Q.  Did  you  not  hear  at  the  time  that  this  man  Thomas  had  been 
guilty  of  the  great  offence,  in  George  Mudd's  eyes,  of  having  had 
a  man  arrested  for  disloyalty  ? 

A.  No,  sir ;  not  at  all.  Dr.  George  Mudd  is  as  strong  a  Union 
man  as  there  is  in  the  United  States. 

Q.    Was  he  not  postmaster  down  there? 

A.    No,  sir. 

Q.  Do  you  know  whether  it  was  in  connection  with  the  delivery 
of  rebel  mails  that  this  complaint  was  made  by  Thomas  ? 

A.    No,  sir. 

Q.    Do  you  know  what  it  was  about  ? 

A.  It  was  that  Bean  had  a  brother  in  the  rebel  army,  I  think, 
and  that  his  brother  had  been  home.  This  one  ■  lives  with  his 
mother. 

Q.  He  had  entertained  rebel  soldiers,  —  that  was  the  ground  of 
the  complaint? 

A.    I  believe,  something  like  that. 

Q.  And  thereupon  he  was  condemned  by  Dr.  George  Mudd  for 
doing  that  ? 

A.   No,  sir. 

Q.    He  did  not  condemn  him  for  doing  it  ?  " 

A.   Not  a  bit  of  it. 

Q.  Was  it  not  in  connection  with  that  that  he  said  he  was  not 
entitled  to  belief? 


TUE     TRIAL.  291 

A.    It  was  about  that  time. 

Q.    Was  it  not  about  that  ? 

A.   I  do  not  know  that  I  heard  him  make  this  remark. 

Q.    I  understood  you  to  say  it  was  about  that  thing  ? 

A.  It  was  about  that  time ;  and  possibly  it  grew  out  of  this 
thing. 

Q,  Is  that  the  only  person  you  heard  assail  this  man's  character 
for  truth  ? 

A.    I  think  I  have  heard  many  others. 

Q.    Who  are  the  others  ? 

A.  I  do  not  know  that  I  can  name  now  any  particular  one.  I 
thought  but  little  about  it,  cared  but  little  about  it,  and  gave  but 
little  attention  to  it. 

Q.  If  you  can  name  but  two  men  who  ever  assailed  his  character 
for  truth,  how  came  you  to  the  conclusion  that  it  was  a  general 
report  in  his  neighborhood  that  he  was  not  entitled  to  belief? 

A.    I  heard  it  from  different  persons. 

Q.  How  do  you  know  you  heard  it  from  different  persons,  when 
you  cannot  name  two  ? 

A.    This  has  been  some  time  since. 

By  the  Court  : 

Q.  What  relation  are  you  to  Dr.  Samuel  A.  Mudd? 

A.  My  father  and  his  father  were  first  cousins. 

Q.  Do  you  live  in  his  neighborhood  ? 

A.  Yes. 

Q.  And  have  lived  there  for  what  length  of  time  ? 

A.  I  have  been  living  there  since  1850. 

Q.  And  been  intimate  with  him  ? 

A.  Moderately  so.     We  meet  frequently. 

Q.  The  intercourse  of  families  related  has  existed  between  you  ? 

A.  Yes. 

By  Mr.  Stone  : 

Q.    Have  you  been  in  the  habit  of  serving  on  the  juries  in  the 
county  where  you  live  ? 
A.    Frequently. 


292  THE     TRIAL. 

Q.  Will  you  state  whether  or  not  3Ir.  Daniel  J.  Thomas  has 
not  frequently  been  a  witness  in  courts  ? 

A.  I  do  not  recollect  of  his  having  been  a  witness  at  any  particu- 
lar time  when  I  was  in  court  and  on  juries.  I  have  no  recollection 
at  this  moment  of  that. 

Q.  I  understand  you  to  say,  from  the  best  of  your  recollection, 
that  his  general  reputation  in  his  neighborhood  for  truth  and  veracity 
is  bad  ? 

A.   Yes,  sir. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.  You  have  stated,  in  answer  to  a  question,  that  you  have  not 
heard  Thomas  testify  in  courts :  have  you  heard  anybody  under- 
take the  responsibihty  of  saying  that  he  had  ever  sworn  falsely  in 
courts  either  ? 

A.    No,  sir. 

Q.  Are  you  not  aware  of  the  fact,  that  he  has  been  very  active 
in  supporting  the  Grovernment  down  there,  and  acting  in  the 
capacity  of  an  official  for  the  Government  since  the  breaking-out  of 
this  Bebelhon  ? 

A.   He  says  so  himself, 

Q.    You  are  aware  of  the  fact  that  he  is  so  reputed  to  be  ? 

A.   I  think  so. 

Q.  You  are  aware  of  another  fact, — that  a  very  considerable  por- 
tion of  the  people  in  that  neighborhood  have  been  reputed  some- 
what disloyal,  and  a  good  deal  favorable  to  the  Rebellion,  are  you 
not? 

A.  I  am  aware  that  several  young  men  from  our  section  have 
gone  to  the  rebel  army. 

Q.  And  a  good  many  in  that  county,  who  remained  behind, 
have  been  makins;  a  n-ood  deal  of  clamor  afminst  the  Government, 
and  in  favor  of  the  Rebellion,  have  they  not  ? 

A.   Not  to  much  extent. 

Q.    Is  not  that  a  general  report,  too,  along  with  the  rest  ? 

A.   I  think  it  is  to  some  extent. 

Q.  Were  not  those,  who  circulated  the  reports  against  this  man, 
men  of  that  class  of  whom  you  have  spoken,  who  had  the  general 


I 


THE     TRIAL.  293 

reputation  of  being  favorable  to  tlie  Rebellion,  and  against  the 
Government  ? 

A.   I  really  do  not  know. 

Q.   Do  you  know  that  that  is  not  the  fact  ? 

A.  I  really  do  not  know  now.  I  did  not  know  what  were  the 
sentiments  of  many  whom  I  heard  speak  of  this. 

Q.  Do  you  not  know  another  fact, — that  those  who  were  strong 
and  vigorous  supporters  of  the  Government  were  also  the  subject 
of  defamation  generally  through  that  neighborhood  ? 

A.   No,  sir  :  I  do  not  know  that. 

Q.  Do  you  know  any  thing  of  rebels  being  fed  and  supported 
there  in  concealment  by  inhabitants  in  that  neighborhood  ? 

A.   I  do  not. 

Q.    Have  you  not  heard  of  such  things  by  general  report? 

A.   I  do  not  think  I  ever  did. 

Q.  Have  you  not  stated  yourself,  in  town  here,  that  you  had 
heard  such  thin2;s  ? 

A.  No,  sir  ;  not  that  I  am  aware  of.  I  have  no  knowledge  of 
ever  havinor  so  stated. 

Q.  Did  you  not  so  state  yesterday  in  the  other  room,  to  Lieu- 
tenant Cottingham,  that  rebels  had  been  supported  and  concealed 
in  that  very  neighborhood  ? 

A.  I  have  no  knowledge  in  the  world  of  having  made  such  a 
remark.     I  certainly  think  I  did  not  make  any  such  remark. 

Q.    Did  you  never  hear  of  rebels  lurking  about  there  ? 

A.  In  Bryantown,  about  four  or  five  miles  from  ray  house,  when 
I  have  ridden  there  on  business,  I  have  seen  men  passing  and  re- 
passing, who,  I  was  told,  were  in  the  rebel  service.  I  have  no 
knowledge  of  their  having  been  in  my  neighborhood  and  fed  there, 
and  do  not  know  any  thing  about  it. 

By  Mr.  Ewing  : 

Q,  You  have  spoken  of  Dr.  George  Mudd  as  being  one  of  the 
men  who  said  that  he  regarded  the  reputation  of  Daniel  J.  Thomas 
for  veracity  as  bad.  State  whether  Dr.  George  Mudd  is  a  rebel 
sympathizer  or  not. 

A.   I  re!2;ard  him  as  havin;^:  been  throuorhout  this  war  as  strono;  a 

25* 


294  THE     TRIAL. 

Union  man  as  there  is  in  the  country.  I  never  heard  him  express 
the  slightest  sympathy  with  the  Rebellion. 

Q.    What  was  his  reputation  for  loyalty  ? 

A.  I  think  there  would  be  very  little  difficulty  in  establishing 
that  fact  outside  of  myself.  It  is  very  good,  I  think.  He  is  so 
regarded  universally. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.  Did  you  ever  hear  Dr.  George  Mudd  say  any  thing  against 
the  Rebellion  ? 

A.   Very  often. 

Q.  Did  you  ever  hear  him  say  any  thing  against  the  admin- 
istration of  the  Government  in  prosecuting  the  war  against  the 
Rebellion  ? 

A.    Not  a  word,  to  my  knowledge. 

Q.    He  made  no  complaints  about  it  ? 

A.   Not  a  word,  to  my  knowledge. 

By  Mr.  Stone  : 

Q.  Did  Mr.  Daniel  J.  Thomas  hold  any  position  under  the 
Government  ? 

A.   He  says  himself  that  he  is  a  detective. 

Q.    Do  you  know  it  from  any  other  source  except  himself? 

A.   No,  sir :  I  do  not. 

Q.    Do  you  know  whether  such  is  the  fact  or  not  ? 

A.   I  do  not  know  that  it  is  the  fact. 

Q.    All  you  know  is  that  he  claimed  to  be  a  detective  ? 

A.    Yes,  sir. 

Q.    Do  you  know  under  whose  orders  he  claimed  to  be  acting  ? 

A.   I  think,  under  Colonel  Holland. 

By  Assistant  Judge  Advocate  Bingium  : 

Q.    Is  Colonel  Holland  the  Provost  iMarshal  for  that  Congres- 
sional District  ? 
A.   Yes,  sir. 

B.    F.    GWYNN 

recalled  for  the  accused,  Samuel  A.  Mudd. 

By  Mr.  Ewing  : 

Q.    State  your  full  name. 


THE     TRIAL.  295 

A.   Bennett  F.  Gwynn. 

Q.    Commonly  called  Ben.  Gwynn  ? 

A.   Sometimes  I  am  called  Ben.  Gwynn. 

Q.  Will  you  state  whether,  during  last  summer,  in  company  with 
Captain  White  from  Tennessee,  Captain  Perry,  Lieutenant  Perry, 
Andrew  Gwynn,  and  George  Gwynn  or  either  of  them,  you  were 
about  Dr.  Samuel  A.  Mudd's  house  for  several  days  ? 

A.  I  was  not.  I  do  not  know  any  of  the  parties  named  ;  and  I 
never  heard  of  them,  except  Andrew  Gwynn  and  George  Gwynn. 

Q.  Were  you  with  your  brothers,  Andrew  Gwynn  and  George 
Gwynn,  about  Dr.  Mudd's  house  last  year  ? 

A.  No,  sir. 

Q.    For  any  time? 

A.  I  have  not  been  in  Dr.  Mudd's  house  since  about  the  1st  of 
November,  1861.  I  have  not  been  on  his  place,  or  nearer  his 
place  than  church,  since  about  the  6th  of  November,  1861. 

Q.  State  what  occurred  in  1861,  when  you  were  in  the  neigh- 
borhood of  Dr.  Mudd's  house. 

A.  I  was  there  with  my  brother,  Andrew  J.  Gwynn,  and  Mr. 
Jerry  Dyer.  About  that  time,  General  Sickles  came  over  into 
Maryland,  arresting  almost  everybody.  I  was  threatened  with 
arrest ;  told  I  was  to  be  arrested ;  and  I  went  out  of  the  neighbor- 
hood a  while  to  avoid  it.  I  went  down  into  Charles  County  ;  staid 
about  among  friends  there  for  a  week  or  so,  as  almost  everybody 
else  was  doing.  There  was  a  good  deal  of  running  about  that 
time. 

Q.    Go  on,  and  tell  all  about  it. 

Assistant  Judge  Advocate  Bingham  objected  to  the  question. 
What  occurred  in  1861  was  not  in  issue. 

Mr.  Ewing  said  the  prosecution  had  called  four  or  five  witnesses 
to  prove  that  several  persons,  among  whom  was  the  witness  now  on 
the  stand,  had  been  concealed  in  the  neighborhood  of  Dr.  Mudd's 
house  for  a  week,  and  that  their  meals  were  brought  to  them  by 
him  or  his  servants  ;  and  had  attempted  to  show  that  those  persons 
were  in  the  Confederate  service,  and  that  Dr.  Mudd  was  guilty  of 
treason  in  assisting  them  to  secrete  themselves ;  and  had  stated  that 


296  THE     TRIAL. 

tliat  occurrence  took  place  last  year  or  the  yeai'  before.  To  prove  by 
this  witness  and  otliei's  that  no  such  thing  occurred  last  year  or  the 
year  before  might  not  be  regarded  as  a  complete  answer  to  the  alle- 
gation ;  and  hence  it  was  proposed  now  to  show  that  the  transaction 
referred  to  took  place  in  1861,  at  the  beginning  of  the  war,  at  a 
time  of  general  teiTor  in  the  community,  and  that  some  of  the  per- 
sons alleged  to  have  been  concealed  there  were  not  there.  To 
withhold  from  the  accused  the  right  to  prove  this  would  be  denying 
to  him  a  most  leo^itimate  line  of  defence. 

Assistant  Judge  Advocate  Bingham  repUed  that  the  Govern- 
ment had  introduced  no  testimony  in  regard  to  any  such  transac- 
tion in  1861,  and  hence  the  testunony  now  proposed  to  be  intro- 
duced was  irrelevant  and  immaterial.  If  the  witness  should  swear 
falsely  as  to  that,  it  would  not  be  legal  perjury,  because  it  was  a 
matter  not  in  issue.  The  witness  could  be  inquired  of  as  to  the 
time  when  it  was  stated  be  had  been  there,  but  not  as  to  what 
occurred  in  1861. 

The  Commission  sustained  the  objection. 

Q.  [By  Mk.  Ewing.]  Where  did  you,  and  the  party  who  were 
with  you  near  Dr.  Mudd's,  sleep  ? 

A.    We  slept  in  the  pines  near  the  spring. 

Q.    What  did  you  sleep  on  ? 

A.    We  had  some  counterpanes. 

Q.    Where  were  they  furnished  from  ? 

A.    From  Dr.  Mudd's. 

Q.    Where  did  you  get  your  meals  ? 

A.    I  think  Dr.  Mudd  brought  them. 

Q.    How  long  were  you  there  ? 

A.    Four  or  five  days. 

Q.  State  the  circumstances  of  your  being  there,  and  what  oc- 
curred when  you  were  there. 

A.  As  I  said  before,  I  left  my  neighborhood  and  went  down 
there,  and  staid  around  in  the  neighborhood,  —  part  of  the  time  at  his 
place,  and  part  of  the  time  elsewhere.  He  fed  us  there,  gave  us 
something  to  eat,  and  had  some  bed-clothing  brought  out  of  the 
house.     That  was  all. 


THE     TRIAL.  297 

Q.    Were  you  and  tlic  party  with  you  in  the  liouse  while  there  ? 

A.    Part  of  the  time,  we  were  at  the  house. 

Q.   Frequently? 

A.    Almost  every  day,  I  think,  for  a  while. 

Q.   Where  were  your  horses  kept  ? 

A.    I  do  not  know. 

Q.    Who  attended  to  them  ? 

A.    I  do  not  know. 

Q.    Was  it  a  servant  of  Dr.  Mudd  ? 

A.    I  do  not  know.     I  suppose  so. 

Q.    Do  you  know  where  John  H.  Surratt  was  at  that  time  ? 

A.    I  think  he  was  at  St.  Charles  College  then. 

Q.  Do  you  know  whether  tiiere  were  any  charges  against  the 
party  that  were  there  ? 

A.  I  do  not.  I  came  up  to  Washington  from  the  5th  to  the 
10th  of  November  to  give  myself  up.  I  was  tired  of  being  away. 
I  came  up  here,  and  I  think  they  said  there  were  no  charges  against 
me,  or  something  of  that  sort ;  and  I  took  the  oath,  and  went  home. 

Q.  Did  you  learn  whether  or  not  there  were  or  had  been  any 
charges  against  you  ? 

A.    I  think  they  said  there  were  none  filed  there. 

Q.    What  induced  the  party  to  sleep  in  the  pines  ? 

A.    I  did  it  to  avoid  an  arrest. 

Q.  What  reason  had  you  for  supposing  that  you  were  to  be 
arrested  ? 

A.  Almost  everybody  was  being  arrested  down  there,  and  I 
thought  I  should  be  too.  It  was  understood  that  I  was  to  be 
arrested,  and  I  went  down  there. 

Q.    Have  you  seen  Surratt  in  Charles  County  since  ? 

A.  I  have  not.  I  have  seen  him  in  Prince  George's  County. 
I  will  state  here  that  it  was  not  in  November  I  slept  in  the  pines. 
It  was  in  August,  1861,  we  slept  in  the  pines ;  and  it  was  Novem- 
ber I  came  to  Washington. 

Q.    How  long  was  your  party  about  the  house  then  ? 

A,  Four  or  five  days.  That  was  the  tune  I  spoke  of  being  in 
the  woods  there.  It  was  in  the  latter  part  of  August,  or  the  first 
of  September. 


298  THE     TRIAL. 

Q.    You  spoke  of  Andrew  J.  Gwynn  being  with  your  there. 

A.    Yes,  sir. 

Q.    Can  you  state  where  he  has  been  since? 

A.    He  has  been  South  ever  since,  I  have  understood. 

Q.    What  relation  is  he  to  you  ? 

A.    A  brother. 

Q.    Where  was  his  home  before  he  went  South? 

A.    Prince  George's  County. 

Q.    \\niere  your  home  is  ? 

A.    No,  sir  :  seven  or  eight  miles  off. 

Q.    Have  you  been  living  in  Prince  George's  County  ever  since  ? 

A.    Yes,  sir. 

Q.  Do  you  know  whether  Andrew  J.  Gwynn  has  been  in  that 
county,  in  Charles  or  Prince  George's  County,  since  1861  ? 

A.    I  do  not. 

Q.    Have  you  ever  heard  of  his  being  there? 

A.  I  heard  that  he  was  over  at  one  time ;  but  I  do  not  know  it : 
I  did  not  see  him. 

Q.    At  what  time  was  that  ? 

A.    Some  time  during  last  winter,  I  think. 

Q.  Have  you  never  heard  of  his  being  there  since  or  before, 
after  he  went  South  ? 

A.   No,  sir. 

Q.    What  time  in  1861  did  he  go  South? 

A.    In  August. 

Q.    Do  you  know  Albion  Brooke  ? 

A.    I  think  so.     I  think  he  is  a  nephew  of  Jerry  Dyer. 

Q.  State  whether  or  not  he  was  at  Dr.  Mudd's  house  during 
that  time. 

A.    Yes,  sir  :  several  times  I  saw  him  there. 

Q.    While  the  party  was  sleeping  in  the  pines? 

A.    Yes,  sir. 

Q.    Do  you  know  John  H.  Sun-att  ? 

A.    Yes,  sir. 

By  the  Judge  Advocate  : 

Q.  You  say  that  all  the  matters  to  which  you  depose  occurred 
inthef-dlofl861? 


THE     TRIAL.  299 

A.  In  the  latter  part  of  August  or  the  first  part  of  September, 
1861. 

Q.  You  spoke  of  the  universality  of  these  arrests :  was  it  not 
understood  that  they  were  confined  to  persons  who  were  suspected 
of  disloyal  practices  ? 

A.  It  was  generally  members  of  volunteer  companies  down  there 
that  were  arrested. 

Q,  What  kind  of  companies  ?  Were  they  organized  for  the  de- 
fence of  the  United  States  ? 

A.  They  were  commissioned  by  Grovemor  Hicks,  of  the  State  of 
Maryland. 

Q.    Upon  what  ground  did  you  suppose  you  would  be  arrested  ? 

A.    I  was  captain  of  a  cavalry  company  down  there. 

Q.    Organized  for  what  purpose  ? 

A.  It  was  called  the  homo  guard  for  the  purpose  of  protection 
to  the  neighborhood. 

Q.    Against  whom  ? 

A.  At  that  time  there  was  a  good  deal  of  dissatisfaction  amongst 
the  blacks,  and  the  persons  of  the  neighborhood  thought  it  would 
be  a  good  plan  to  organize  a  company.  Companies  were  organiz- 
ing all  through  the  counties.  I  petitioned  Grovernor  Hicks,  and  he 
gave  me  a  commission. 

Q.  Was  it  not  understood  that  these  were  State  organizations, 
and  intended  to  stand  by  the  State  in  any  disloyal  position  it  might 
take  against  the  Grovernment  ? 

A.   That  was  my  impression  of  them. 

Q.   And  you  were  a  captain  of  one  of  those  companies  ? 

A.   Yes,  sir. 

Q.  You  felt,  therefore,  that  it  was  likely  you  would  be  ar- 
rested ? 

A.  I  do  not  know  that  I  did  from  that.  Some  of  the  members 
of  my  company  were  arrested,  and  I  understood  there  was  an  order 
for  my  arrest ;  and  I  left. 

Q.  You  slept  there  in  the  pines  for  the  sole  purpose  of  escaping 
that  arrest? 

A.    Yes,  sir, 

Q.   Dr.  Mudd,  I  suppose,  fully  concurred  in  your  sentiments. 


300  THE     TRIAL. 

and  in  the  sentiment  which  pervaded  the  local  military  organiza- 
tion of  which  you  speak  ? 

A.  I  do  not  know.  I  hardly  recollect  what  his  sentiments  were 
at  the  time,  except  politically. 

Q.  Did  he  know  very  well  why  you  were  hiding  in  the  pines, 
and  why  he  was  feeding  you  ? 

A.    Yes :  he  knew  that. 

By  Mr.  Ewing  : 

Q.  When  was  the  company  of  which  you  were  captain  organ- 
ized ? 

A.   I  think,  in  the  fall  or  winter  of  1860. 

Q.    In  what  county  was  that  company  organized  ? 

A.   Prince  George's. 

Q.    Was  it  in  the  winter  of  1859-60,  or  1860-61  ? 

A.  It  was  organized,  I  think,  in  1860,  the  fall  or  winter  of  1860. 
Before  the  end  of  1860  it  was  organized. 

Q.    Was  it  organized  before  or  after  the  election  of  Mr.  Lincoln  ? 

A.  I  do  not  know.  I  think  we  commenced  getting  it  up  before 
that  time ;  bmt  I  do  not  know  that  it  was  fully  organized  until  after 
that  time. 

Q.    How  far  was  the  company  organized  from  Dr.  Mudd's  place  ? 

A.    About  eifirht  or  ten  miles. 

Q.  Do  you  know  whether  Dr.  Mudd  was  a  member  of  any  of 
the  volunteer  companies  ? 

A.    I  think  he  was. 

Q.    What  company  ? 

A.  I  do  not  know  the  name  of  it.  It  was  a  company  gotten 
up  in  Bryantown,  I  think. 

Q.   Who  was  the  captain  of  it  ? 

A.    That  I  do  not  know. 

Q.    Are  you  sure  that  he  was  a  member  of  a  company  ? 

A.  I  think  he  was.  I  do  not  know  it  to  my  knowledge  for  a 
fact. 

Jeremiah  Dyer, 
a  witness  called  for  the  accused,  Samuel  A.  Mudd,  being  duly 
sworn,  testified  as  follows  :  — 


THE     TRIAL.  301 

By  Mr.  Ewing  : 

Q.    Where  do  you  live  ? 

A.   I  live  in  Baltimore  at  this  time. 

Q.    Where  did  you  reside  last  before  you  went  to  Baltimore  ? 

A.   In  Charles  County,  Md.,  the  Fourth  Election  District. 

Q.    Do  you  know  the  prisoner  at  the  bar,  Samuel  A.  Mudd  ? 

A.   I  do. 

Q.    State  how  far  you  lived  from  his  house. 

A.   The  riding  way,  about  half  a  mile ;  but,  around  the  main 
road,  I  suppose  it  was  about  four  miles, 

Q.    When  did  you  leave  your  residence  in  Charles  County  ? 

A.   I  entered  into  business  in  Baltimore  this  May  two  years  ago. 

Q.  How  long  had  you  lived  at  your  place  in  Charles  County 
before  going  to  Baltimore  ? 

A.  I  was  raised  there.  I  was  born  about  a  mile  and  a  half 
from  there,  and  I  went  to  that  house  when  I  was  a  child. 

Q.  State  whether  you  know  Sylvester  Eglen,  who  has  been  a 
witness  for  the  prosecution. 

A.    Yes,  sir. 

Q.    Is  he  a  servant  of  the  father  of  the  accused  ? 

A-    Yes,  sir  ;  Mr.  Mudd's  carriage-driver. 

Q.    Do  you  know  Sylvester's  brother  Frank  ? 

A.   Yes,  sir. 

Q.    Do  you  know  Dick  Gardiner  and  Lou  Gardiner? 

A.  I  know  Dick ;  but  I  do  not  know  any  one  by  the  name  of 
Lou  Gardiner.  There  were  several  by  the  name  of  Dick  :  I  do  not 
know  what  Dick  you  are  alluding  to. 

Q.   Dick,  the  servant  of  Dr.  Mudd. 

A.  I  think  he  called  himself  Dick  Washington.  I  knew  him 
very  well :  he  was  raised  on  the  place  where  I  was.  Luke  Wash- 
ington, of  the  same  family,  was  a  boy  that  belonged  to  me. 

Q.  State  whether  in  August,  1863,  at  the  house  of  the  accused, 
Dr.  Samuel  A.  Mudd,  under  an  oak-tree,  when  you  were  in  con- 
versation with  Walter  Bowie  and  the  accused,  the  accused  said  that 
he  would  send  Sylvester  Eglen  and  his  brother  Frank,  and  any 
others  of  his  servants,  to  Richmond. 

A.   I  never  had  such  a  conversation  with  him.     I  never  heard  a 

VOL.  II.  26 


302  THE     TRIAL. 

conversation  with  him  by  Dr.  Mudd  on  that  subject  in  my  life.  In 
August,  1863,  I  was  not  in  the  county.  I  went  to  Baltimore  from 
the  county  on  the  1st  day  of  August,  and  remained  there  until 
about  October.  I  then  heard  some  of  my  hands  had  left  the  farm, 
and  I  went  down  to  secure  my  crop.  Several  had  left,  leaving  me 
short  of  hands  ;  and  I  had  to  hu'e  hands  to  get  in  the  rest  of  my 
crop. 

Q.    The  time  you  heard  of  the  hands  going  away  was  the  time 
when  a  large  party  of  them  left  that  neighborhood,  was  it  not  ? 
A.    Yes,  sir  :  some  thirty  or  forty  left. 

Q.    You  never  after  that,  or  at  any  time,  heard  Dr.  Mudd  speak 
of  sending:  those  servants  to  Richmond  ? 
A.   No,  sir. 

Q.  Did  you  ever  hear  him  speak  of  sending  any  of  his  servants 
to  Richmond  ? 

A.  Never.  I  heard,  when  I  got  down  in  the  country,  that  there 
had  been  such  a  report  started  there  by  a  man  named  Turner,  stat- 
in »•  he  was  o-oino;  to  catch  up  all  the  neo'roes  in  the  nei^jhborhood, 
and  send  them  away.  So  far  as  my  entertaining  such  an  opinion  is 
concerned,  or  Dr.  Mudd's  saying  such  a  thing,  I  never  heard  it. 

Q.  Did  you  ever  meet  Dr.  Mudd  in  company  with  Walter 
Bowie  ? 

A.   Not  that  I  am  aware  of. 

Q.  Can  you  say  that  you  never  met  Dr.  Mudd  in  company  with 
"Walter  Bowie  at  the  house  of  Dr.  Mudd's  father  ? 

A.  I  do  not  think  I  ever  did  :  I  am  satisfied  I  never  did.  I 
recollect  that  about  two  years  ago  —  I  think  in  the  fall  of  1862  or 
spring  of  1863  —  I  was  standing  in  Mr.  Mudd's  yard,  and  some 
one  rode  in  the  lot.  I  was  talking  then  with  Dr.  Mudd,  the  old 
man,  in  front  of  his  porch ;  and  he  turned  to  me,  and  said,  "  I  won- 
der who  is  coming  in."  I  turned,  and  said,  "  I  believe  it  is  Wat 
Bowie."  Then  he  said,  "  I  wonder  what  that  fellow  wants  here ;  " 
turned  his  back,  and  went  into  the  house.  Bowie  came  in  a  side 
-gate,  got  some  whiskey,  I  believe,  and  had  a  conversation  with  some 
gentlemen  a  little  while,  and  then  went  away.  I  do  not  know 
whether  Dr.  Mudd  was  there  or  not ;  but  my  impression  is  that  he 
was  not. 


THE     TRIAL.  303 

Q.    DiJ  you  know  Andrew  Gwynn  ? 

A.   Very  well. 

Q.    Do  you  know  where  he  has  been  since  1861  ? 

A.   He  has  been  in  the  rebel  army. 

Q.    Have  you  ever  seen  him  since  1861  ? 

A.   I  have  not. 

Q.  Did  you  meet  him  and  Surratt  and  Dr.  Blanford  at  the 
house  of  Dr.  Mudd's  father  ? 

A.  Never.  I  never  saw  Surratt  there.  I  have  seen  him  ;  but 
never  at  IMr.  Mudd's  place,  or  anywhere  in  the  neighborhood.  The 
only  time  I  ever  saw  him  in  that  vicinity  was  when  I  met  him  com- 
ing from  Bryantown  ;  he  was  going  towards  home,  and  I  rode  up 
the  road  with  him. 

Q.    When  was  that  ? 

A.    Some  two  or  three  years  ago. 

Q.  Do  you  know  whether  or  not  any  of  Surratt's  family  were 
at  Bryantown  then  ? 

A.    He  had  a  sister  at  school  there. 

Q.  Did  you  last  year  see  Surratt  drive  up  to  the  house  of  Dr. 
Mudd's  father,  and  take  his  horse  out  of  a  buggy  V 

A.   I  did  not. 

Q.  Are  you  acquainted  with  Milo  Simms,  who  has  been  a  wit- 
ness in  this  case  ? 

A.   Yes :  I  know  Milo,  the  boy  that  used  to  live  at  Dr.  Mudd's. 

Q,    Rachel  Spencer? 

A.   Yes,  sir. 

Q.    Melvina  Washington  ? 

A.   Yes,  sir. 

Q.    ElzelEglen? 

A.   Yes,  sir. 

Q.    Mary  Simms  ? 
.  A.   Yes,  sir. 

Q.  State  whether  any  or  all  of  them  were  servants  at  Dr.  Mudd's 
house  in  1861. 

A.  I  think  they  were.  I  do  not  know  positively ;  but,  to  the 
best  of  my  recollection,  all  of  them  were.     I  know  I  bought  the 


304  THE     TRIAL. 

woman  Melvina  for  Dr.  Mudd  in  1859,  1860,  or  1861,  or  about 
that  time, — just  before  tlie  war. 

Q.  Were  you  at  Dr.  Mudd's  house,  or  in  the  neighborhood,  with 
Ben.  Gwynn,  in  the  summer  or  fall  of  1861  ? 

A.  I  was,  in  September,  1861, — about  the  first  of  Septem- 
ber. 

Q.    How  long  were  you  about  the  house  then  ? 

A.   We  were  in  that  neighborhood  about  a  week,  I  believe. 

Q.    What  were  you  doing  ? 

A.  We  were  knocking  about  in  the  pines,  and  around  there.  It 
was  about  the  time  Colonel  D wight's  regiment  was  passing  thi'ough ; 
and  there  was  a  perfect  panic  in  the  neighborhood  :  the  report  was, 
that  everybody  was  to  be  arrested.  They  were  arresting  a  great 
many.  Mr.  Gwj^nn  and  his  brother  came  down  in  a  fright,  stating 
that  they  had  been  to  the  house  to  arrest  them,  or  had  been  informed 
they  were  on  the  way  there.  I  also  received  notice  that  I  was  to 
be  arrested.  The  two  Gwynns  came  down  then,  and  I  met  them 
there  at  Dr.  Mudd's,  or  my  house,  I  do  not  know  which  :  the  farms 
are  adjoining.  For  several  nights,  we  slept  in  the  pines  between  his 
house  and  mine.  That  situation  was  a  little  inconvenient ;  and  we 
moved  over,  and  lay,  I  think,  one  or  two  nights  near  his  spring.  We 
had  some  bed-clothing  there. 

Q.    Where  did  you  get  the  bed-clothing  from? 

A.  Dr.  Mudd's  house  and  mine :  I  think,  most  of  it  from  Dr. 
Mudd's. 

Q.    "WTiere  did  you  get  your  meals  ? 

A.  Dr.  Mudd  brought  them  to  us  when  we  were  near  his  house. 
There  is  a  large  swamp  between  his  house  and  mine.  The  first 
night,  we  were  on  the  other  side  of  the  swamp.  After  that,  we 
came  over  nearer  his  house,  within  a  hundred  and  fifty  or  two 
hundred  yards  of  his  house  ;  and  he  brought  down  our  meals  to  us. 
I  think  the  girl  Mary  brought  down  a  pot  of  coffee  in  the  morning. 

Q.    What  is  her  name  ? 

A.  Mary  Eglen,  I  think  ;  the  girl  that  used  to  be  about  the  house 
there.  The  doctor  used  to  biing  down  a  basket  with  some  meat 
and  bread,  biscuit,  ham,  &c. ;  and  she  brought  a  pot  of  coffee. 

Q.    Vv''as  she  a  colored  giil  ? 


THE     TRIAL.  305 

A.  Yes,  sir;  Mary  Eglen,  or  Mary  Simms, — the  only  servant 
he  had  by  the  name  of  Mary. 

Q.    Who  took  care  of  the  horses  of  the  party? 

A.   I  think  Mr.  Gwynn's  horses  were  left  at  Dr.  Mudd's  stable. 

Q.    Who  took  care  of  them  there  ? 

A.   I  suppose  they  were  fed  by  the  boys  there. 

Q.    Wliatboys? 

A.  The  boy  Milo,  who  was  generally  about  the  house  and  stable, 
and  who  used  to  bring  the  doctor's  horses  out,  and  put  them  back : 
sometimes  the  other  boy  —  the  yellow  boy  —  would  do  it. 

Q.    State  how  the  party  was  dressed. 

A.   They  had  on  citizens'  clothes. 

Q.   Who  comprised  the  party  ? 

A.   Ben.  Grwynn,  Andrew  Gwynn,  and  myself. 

Q.  Can  you  recollect  whether  the  apples  and  pears  were  ripe 
about  that  time  ? 

A.  It  was  about  that  season.  September  is  our  fruit  season  in 
that  part  of  the  country. 

Q.  Do  you  know  whether  any  watch  was  kept  at  that  time 
at  Dr.  Mudd's  house  ? 

A.  I  recollect  my  telling  the  children  there  to  keep  a  lookout, 
and,  if  any  one  came,  to  let  me  know. 

Q.  Do  you  know  whether  Albion  Brooke  was  about  the  house 
of  Dr.  Mudd  durins;  that  time  ? 

A.  I  think  not.  I  believe  he  was  over  at  my  place.  He  may 
have  gone  across  to  Dr.  Mudd's  :  he  very  often  went  across  there. 
I  know  he  came  to  where  we  were. 

Q.  Did  you  see  any  thing  of  WilHam  Mudd,  Vincent  Mudd, 
and  Albert  Mudd,  or  either  of  them,  about  that  time  ? 

A.  I  do  not  recollect.  Very  likely  we  did.  They  were  very 
close  by.  I  think  Mr.  William  Mudd  came  to  Dr.  Mudd's  house 
while  we  were  there.  I  have  no  distinct  knowledge  of  it ;  but  my 
recollection  is  that  he  came  there. 

Q.    You  lived  in  that  neighborhood  down  to  what  date  ? 

A.  I  lived  there  until  May,  1863.  I  left  in  May,  and  was 
backwards  and  forwards  between  that  and  Baltimore  up  to  the  first 
of  August :  sometimes  I  would  go  to  Baltimore,  and  stay  a  few 

26* 


306  •  THE     TRIAL. 

days,  and  then  come  back  to  the  farm.  On  the  first  of  August, 
when  the  working  season  was  pretty  well  over,  I  went  to  Baltimore, 
and  remained  until  October,  until  after  I  heard  that  some  of  the  hands 
had  left.  When  I  got  to  Baltimore,  the  first  of  August,  I  think, 
my  father  had  left ;  and  we  did  very  little  business  until  he  returned, 
which  was  the  first  of  September. 

Q.  Do  you  know  whether  there  was  any  warrant  for  your  arrest, 
or  any  charges  against  you  ? 

A.  I  do  not.  There  was  a  general  stampede,  or  a  panic,  in  the 
whole  community  ;  and  a  good  many  left  then*  homes,  and  went  to 
friends'  houses  from  place  to  place,  —  the  whole  community,  pretty 
much. 

Q.  Are  you  acquainted  with  Daniel  J.  Thomas,  who  was  one  of 
the  witnesses  for  the  prosecution  in  this  case  ? 

A.  I  have  known  him  since  a  boy  :  I  have  not  seen  much  of  him 
during  the  last  two  or  three  years. 

Q.  Are  you  acquainted  with  the  reputation  in  which  he  is  held 
in  the  community  where  he  lives  for  veracity  ? 

A.  I  know  only  from  public  rumor  and  general  neighborhood 
talk  ;  and  I  think  I  can  safely  say  it  is  very  bad.  I  think  there  are 
very  few  men  tliere  who  have  any  confidence  in  Mr,  Thomas.  That 
is  the  only  sentiment  I  have  ever  heard  spoken  of  him  for  several 
years  back. 

Q.  From  your  knowledge  of  his  reputation  for  veracity,  would 
you  believe  him  under  oath  ? 

A.   I  should  not.     I  could  not. 

Q.    Are  you  well  acquainted  with  Dr.  Samuel  A.  Mudd? 

A.   Very  well.     I  have  known  him  since  a  boy. 

Q.  What  is  his  general  reputation  for  peace,  order,  and  good 
citizenship  ? 

A.  I  have  never  heard  the  slightest  thing  against  him.  He  has 
always  been  regarded  as  a  good  citizen,  I  believe. 

Q.    What  is  his  reputation  as  a  man  of  peace  ? 

A.  I  have  never  known  him  to  have  any  difficulty  with  any  one. 
I  have  always  regarded  him  as  a  peaceful,  quiet  citizen. 

Q.    What  is  his  reputation  as  a  master  over  his  servants? 

A.   I  have  always  considered  him  as  a  very  kind  and  humane 


THE     TRIAL.  307 

master.  I  have  never  known  any  thing  to  the  contrary,  "with  the 
exception  of  a  difficulty  with  one  man.  That  is  the  only  act  I  ever 
knew  him  to  be  guilty  of  that  questioned  his  reputation  at  all  as  a 
kind  master. 

Q.  ^What  was  that? 

A.  Shooting  that  boy ;  which  he  told  me  of,  himself,  the  same 
day  or  the  day  after  it  happened. 

Q.    Under  what  circumstances  was  that  done? 

A.   I  know  nothing  of  it,  except  what  he  told  me. 

Cross-examined  by  the  Judge  Advocate  : 

Q.  You  say  you  would  not  believe  Mr.  Thomas  under  oath : 
have  you  ever  heard  him  charged  with  having  sworn  falsely  in  any 
case  ? 

A.   I  do  not  know  that  I  have. 

Q.  He  is  rather  a  talking  and  noisy  man  in  the  neighborhood,  is 
he  not? 

A.    Yes,  sir. 

Q.  He  talks  a  great  deal  about  the  Union,  and  a  great  deal 
against  the  Rebellion  ? 

A.  I  have  not  heard  Mr.  Thomas  a  great  deal  myself.  I  have 
seen  very  little  of  him  the  last  two  or  three  years. 

Q.  He  has  the  reputation  of  being  intensely  loyal  to  the  Gov- 
ernment ? 

A.  I  think  so.  I  think  he  is  a  loyal  man.  I  never  heard  that 
questioned. 

Q.  Have  you  yourself  been  loyal  to  the  Government  of  the 
United  States  during  the  Rebellion  ? 

A.   I  do  not  know  that  I  have  been  guilty  of  any  disloyal  act. 

Q.  I  do  not  speak  of  acts  :  I  speak  of  your  sentiments.  Have 
you,  during  this  Rebellion,  desired  that  the  Government  should 
succeed  in  suppressing  it  ? 

A.   I  never  wanted  to  see  two  governments  here. 

Q.  You  can  answer  my  question  :  it  is  a  very  direct  and  simple 
one. 

A.   Repeat  the  question. 

Q.    The  question  is,  whether,  during  this  Rebellion,  you  have 


308  THE     TRIAL. 

constantly  desired  that  the  Government  should  succeed  in  suppress- 
ing it  ? 

A.  I  can  only  answer  that  by  saying  that  I  never  wanted  to  see 
this  Government  broken  up.  I  would  rather  see  one  government 
here. 

Q.  That  is  not  a  direct  answer  to  my  question.  Will  you  answer 
that  yes  or  no  ? 

A.   I  hardly  understand  your  question. 

Q.  My  question  is,  whether,  during  this  Kebellion,  you  have 
constantly  desired  that  the  Government  of  the  United  States  should 
succeed  in  its  endeavors  to  suppress  it. 

A.   I  think  I  have. 

Q.    You  say  you  have  committed  no  overt  acts  of  disloyalty? 

A.   Not  that  I  am  aware  of. 

Q.  Have  you  ever  spoken  kindly  of  the  Government  or  encour- 
agingly in  reference  to  it  among  your  neighbors  and  friends  ? 

A.  I  certainly  have ;  and  I  have  persuaded  young  men  from 
going  on  the  other  side. 

Q.  Were  you  or  not  a  member  of  the  local  military  organiza- 
tions spoken  of  by  one  of  the  witnesses,  the  object  of  which  was  to 
stand  by  the  State  of  Maryland  in  the  event  that  it  should  take 
ground  against  the  Government  of  the  United  States  ? 

A.   I  belonged  to  a  military  company. 

Q.  I  believe  you  stated  that  you  were  at  Dr.  Mudd's  in  1861 
with  the  other  persons  mentioned  ? 

A.   I  was. 

Q.  Did  you  not  suppose  that  the  organization  of  which  you  were 
a  member  was  at  that  time  regarded  as  disloyal  by  the  Government, 
and  hence  feared  an  arrest  ? 

A.  I  hardly  know  how  to  answer  that  question.  That  was  in  the 
incipiency  of  the  thing ;  and  it  was  hardly  time  for  men  to  reflect, 
and  give  their  minds  room  to  see  what  would  be  the  result  of  rebel- 
lion and  civil  war.  It  was  in  the  start,  when  every  thing  was 
wild  excitement  and  enthusiasm ;  and,  of  course,  I  can  hardly 
answer  that  question. 

Q.    Have  you  any  knowledge  of  the  existence  of  a  treasonable 


THE     TRIAL.  309 

political  association  in  this  country  known   as   "  Knights  of  the 
Golden  Circle,"  or  "  Sons  of  Liberty  "  ? 

A.  I  have  not :  I  know  nothing  of  them  except  what  I  have  seen 
and  read  in  the  newspapers. 

Q.  At  the  time  of  which  you  speak,  the  fall  of  1861,  was  the 
subject  of  the  Legislature  of  Maryland  passing  an  ordinance  of 
secession  much  discussed  among  you  ? 

A.   It  was  not,  to  my  knowledge. 

Q.    Was  no  such  event  contemplated  or  desired? 

A.  I  do  not  know :  I  probably  heard  the  subject  spoken  of  very 
often,  but  I  do  not  know  that  it  was  much  discussed  to  any  extent. 
I  may  have  heard  it  spoken  of. 

Q.  Was  it  not  the  subject  of  conversation  between  yourself  and 
anybody  ? 

A.  Not  that  I  am  aware  of.  I  may  have  heard  it  in  crowds  or 
congregations ;  but,  so  far  as  conversing  with  any  particular  person 
on  that  subject  is  concerned,  I  have  no  knowledge  of  it. 

Q.  Have  you  been  a  member  of  any  secret  political  association 
during  the  Rebellion  ? 

A.  I  am  not,  and  never  have  been,  a  member  of  any  secret 
society  whatever. 

Q.  I  understand  you  to  say,  then,  that  although  you  would  not 
believe  Mr.  Thomas  under  oath  yourself  — 

A.  I  only  speak  from  his  general  reputation  in  the  neighborhood ; 
from  the  way  I  have  heard  him  spoken  of,  not  from  personal 
knowledge  of  him. 

Q.  You  have  never  heard  him  charged  with  speaking  falsely 
under  oath,  and  you  say  he  has  the  reputation  of  being  intensely 
loyal  ? 

A.   I  think  so :  I  do  not  know  any  thing  to  the  contrary. 

Q.  Can  you  name  any  of  the  persons  who  have  been  most 
decided  in  expressing  this  estimate  of  his  character? 

A.   I  might  take  almost  any  one  in  that  whole  country. 

Q.    Can  you  not  give  me  the  name  of  some  one  ? 

A.   You  may  take  any  one  in  the  neighborhood  in  which  he  lives. 

Q.  Have  you  ever  heard  a  man  of  known  loyalty,  an  outspoken 
and  ardent  supporter  of  the  Government,  speak  of  Mr.  Thomas  as 


310  THE     TRIAL. 

a  man  not  to  be  believed  under  oath  ?     K  you  have,  I  would  thank 
you  to  name  that  person. 

A.   I  do  not  know  that  I  have. 

By  the  Court  : 

Q.  Did  you  not  rejoice  at  the  success  of  the  rebels  at  the  first 
battle  of  Bull  Run  ? 

A.    I  do  not  know  that  I  did  paiticularly. 

Q.    Do  you  not  know  that  you  did  ? 

A.  i  do  not  know  that  I  did :  I  might  have  been  like  a  good 
many  others. 

Q.    On  which  side  were  your  sympathies  at  that  time  ? 

A.   I  suppose  they  were  with  them. 

Q.    With  whom? 

A.  With  the  rebels  at  that  time,  I  judge  :  I  do  not  know  now 
exactly. 

Q.  When  Kichmond  was  taken,  on  which  side  were  your  sympa- 
thies ? 

A.   With  the  Grovernment,  unless  I  am  mistaken. 

Q.    What  Government  ? 

A.  The  United-States  Government.  I  wanted  to  see  Richmond 
taken,  and  I  wanted  to  see  the  war  stopped. 

Q.  At  what  time  did  your  sympathies  undergo  a  change?  and 
what  produced  that  change  ? 

A.   I  cannot  say. 

Q.    Can  you  not  give  a  cause  for  the  change  ? 

A.  I  do  not  know  that  I  can.  I  believed  this  Government  was 
pursuing  the  right  policy.  All  I  objected  to  was  the  emancipation 
of  slaves.  I  thought  that  was  a  wrong  policy  of  the  Government. 
I  never  questioned  its  right  to  pursue  any  other  policy. 

By  Assistant  Judge  Advocate  Burnett  : 

Q.  What  did  you  have  to  say  about  the  draft? 

A.  I  joined  clubs  in  regard  to  the  draft. 

Q.  To  save  yourself  from  being  drafted  ? 

A.  Yes. 

Q.  What  did  you  say  about  the  Government  enforcing  the  di*aft? 

A.  Not  a  word. 


THE     TRIAL.  811 

Q.    Never? 

A.   Not  that  I  am  aware  of.     I  did  not  object  to  it  in  tlie  least. 

By  Mr.  Ewing  : 

Q.  Do  you  speak  of  Thomas's  reputation  for  veracity  as  you 
[earned  it  from  the  common  understanding  in  the  neighborhood  in 
svhich  he  lived  during  the  war,  or  before  the  war  ? 

A.   I  speak  of  him  from  his  reputation  for  several  years  back  ? 

Q.    How  many  years  ? 

A.  Five  or  six  years  back,  or  probably  more.  That  is  what  I 
tiave  heard  of  Mr.  Thomas.  I  have  not  seen  a  great  deal  of  Mr. 
rhomas  for  two  or  three  years. 

Q.  What  you  have  heard,  then,  of  Mr.  Thomas,  on  which  you 
base  your  estimate  of  his  reputation  for  veracity,  was  chiefly  what 
y^ou  heard  before  the  war  ? 

A.  I  do  not  know.  I  know  that  Mr.  Thomas  has  not  borne  a 
veiy  good  reputation  for  veracity  in  the  neighborhood  since  he  was 
a  boy.  I  have  heard  him  spoken  of  in  that  light  as  being  one  who 
would  tattle  a  great  deal,  and  tell  stories,  and  say  a  great  many 
things  that  were  not  so.  That  has  been  his  general  reputation,  so 
Far  as  I  have  heard  it. 

Q.  Under  whose  orders  or  authoiity  was  the  company  to  which 
jrou  attached  yourself  in  1861  organized  ? 

A.   By  the  governor. 

Q.    AVhat  governor  ? 

A.  Governor  Hicks.  We  were  commissioned  by  Governor 
Hicks. 

Q.    What  was  the  purpose  of  the  company  ? 

A.  I  do  not  really  know  what  the  organization  was  particularly 
For. 

Q.    When  was  it  organized  ? 

A.  In  1859,  I  think.  We  drilled  here  on  the  22d  of  Febru- 
ary, 1860,  at  the  inauguration  of  the  statue.  We  were  up  here 
then. 

Q.  Your  company  was  in  the  city  of  Washington  on  the  22d  of 
February,  1860,  when  the  statue  was  raised? 

A.    It  was. 


312  THE     TRIAL. 

By  the  Court  : 

Q.    Were  there  any  truly  loyal  men  in  those  companies  ? 
A.    Our  company  broke  up  immediately  on  the  hreaking-out  of 
the  war,  and  a  good  many  of  them  left. 
Q.    Where  did  they  go  to  when  they  left  ? 
A.    Some  of  them  went  to  Virginia,  and  joined  the  rebel  army. 

By  Assistant  Judge  Advocate  Burnett  : 

Q.  Were  those  who  did  not  go  made  to  take  the  oath  of 
allegiance  ? 

A.    Most  of  them  took  the  oath  of  allegiance. 

Q.  Were  they  not  treated  and  held  by  the  Government  author- 
ities as  disloyal  organizations  ? 

A.  I  think  they  were  so  regarded  after  the  breaking-out  of  the 
war. 

By  Mr.  Ewing  : 

Q.    Were  they  held  as  disloyal  organizations  in  1859? 

A.  I  think  not.  The  companies  immediately  broke  up  when 
the  war  occurred.  We  never  drilled  after  the  breaking-out  of  the 
war. 

By  the  Court  : 

Q.  Has  this  Daniel  Thomas  ever  been  in  the  House  of  Delegates 
of  Maryland,  or  a  candidate  for  a  seat  in  that  body  ? 

A.  He  was  a  candidate  for  the  Legislature,  I  think,  a  year  or 
two  ago. 

Q.    Is  that  the  time  you  speak  of  his  reputation  being  bad  ? 

A.   Not  at  all. 

Q.    Did  the  time  you  speak  of  cover  that  time  ? 

A.  It  was  previous  to  that  time.  I  never  heard  him  spoken  of 
in  any  other  light,  —  hardly  ever  since  I  have  known  him. 

By  Mr.  Ewing  : 

Q.    Was  he  nominated  by  any  convention  ? 

A.  I  do  not  think  he  was.  I  merely  saw  his  name  in  the  news- 
paper. I  saw  him  on  the  day  of  election,  at  the  polls.  He  was 
very  confident  of  his  election. 


the    trial.  313 

Frank  Washington, 

a  witness  called  for  tlie  accused,  Samuel  A.  Mudd,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Stone  : 

Q.  Where  did  you  live  last  year  ? 

A.  At  Dr.  Sam.  Mudd's. 

Q.  This  gentleman  here,  the  prisoner  at  the  bar  ? 

A.  Yes,  sir. 

Q.  Did  you  live  there  all  the  year  ? 

A.  Yes,  sir. 

Q.  Who  did  you  belong  to  before  the  emancipation  ? 

A.  To  Lydia  Ann  Dyer. 

Q.  Do  you  know  Mr.  Bennett  Gwynn  ? 

A.  No,  sir. 

Q.  Do  you  know  Mr.  Andrew  Grwynn  ? 

A.  No,  su' :  I  do  not  know  him. 

Q.  Do  you  know  them  when  you  see  them  ? 

A.  I  know  Mr.  Andrew  Gwynn  when  I  see  him. 

Q.  Do  you  know  Mr.  George  Gwynn  ? 

A.  No,  sir. 

Q.  Do  you  know  Mr.  Ben.  Gwynn,  or  Bennett  Gwynn,  when 
you  see  him  ? 

A.  No,  sir. 

Q.  Did  you  see  any  one  at  Dr.  Mudd's  last  year  in  uniform  ? 

A.  No,  sir. 

Q.  Were  you  at  work  there  every  day  during  the  year,  except 
Sundays  or  holidays  ? 

A.  Yes,  sir. 

Q.  Did  you  see  any  one  camping  out  in  the  woods  about  the 
spring  ? 

A.  No,  sir. 

Q.  What  was  your  occupation  on  the  farm  in  the  summer?  were 
you  ploughman? 

A.  Ploughman  all  the  time. 

Q.  Were  you  about  the  stable  ? 

A.  Yes,  sir ;  night  and  morning,  and  at  twelve  o'clock. 
VOL.  II.  27 


Slrt  TUE     TRIAL. 

Q.  Did  you  see  any  strange  horses  there  rcmaming  for  three  or 
four  days  in  the  stable  ? 

A.    No,  sir. 

Q.    Were  you  about  the  neighborhood  of  the  spring  frequently? 

A.    Yes,  sir. 

Q.    Where  did  you  take  your  meals  ? 

A.    In  the  kitchen. 

Q.    The  kitchen  belonging  to  Dr.  Mudd's  house  ? 

A.    Yes,  sir. 

Q.  Do  you  know  a  girl  called  Mary  Simms,  who  lives  at  Dr. 
Mudd's? 

A.    Yes,  sir. 

Q.  What  do  the  servants  there  in  the  neighborhood  think  of  her 
character  for  telling  the  truth  ? 

A.    She  was  never  known  to  tell  the  truth. 

Q.  From  her  general  character  among  the  servants  in  the  neigh- 
borhood for  telling  the  tinith,  would  you  believe  her  on  oath  ? 

A.   No,  sir. 

Q.    How  did  Dr.  Mudd  treat  his  servants  ? 

A.   He  treated  them  pretty  well. 

Q.    How  did  he  treat  you  ? 

A.   He  treated  me  first-rate.     I  had  no  fault  to  find  with  him. 

Q.  [Exhibiting  a  photograph,  supposed  to  be  that  of  John  H. 
Surratt,  to  witness.]  Look  at  that  picture,  and  say  whether  you 
ever  saw  the  man  whose  likeness  it  is  at  Dr.  3Iudd's  last  year,  when 
you  were  working  there. 

A.    No,  sir  :  I  never  saw  him. 

Q.    How  long  did  you  live  at  Dr.  I'ludd's  ? 

A.   I  just  lived  there  the  whole  of  last  year. 

Q.    Are  you  living  there  this  year  ? 

A.   Yes,  sir. 

Q.  Did  you  ever  see  at  Dr.  Mudd's,  last  year,  a  man  called 
Captain  PeiTy  ? 

A.   No,  indeed,  sir. 

Q.    Did  you  ever  see  one  there  that  was  called  Captain  White? 

A.   No,  sir. 

t^ .   Did  you  ever  see  one  there  called  Lieutenant  Perry  ? 


THE     TRIAL.  315 

A.  No,  sir. 

Q.  Did  you  ever  see  one  there  last  year  called  Ben,  Gwynn? 

A.  No,  sir :  I  do  not  know  liim. 

Q.  Or  George  Gwynn,  or  Andrew  Gwynn? 

A.  No,  sir. 

Q.  Do  you  know  Andrew  Gwynn  by  sight? 

A.  It  has  been  some  time  since  I  saw  him :  it  has  been  four 

years  since  I  saw  him. 

Q.  You  did  know  him  by  sight,  then  ? 

A.  Yes,  sir. 

Q.  Did  you  know  Bennett  Gwynn  by  sight? 

A.  Yes,  sir. 

Cross-examined  by  the  Judge  Advocate  : 

Q.  How  long-have  you  known  Mary  Simms? 

A.  I  have  known  her  ever  since  she  was  a  small  girl. 

Q.  Are  you  and  she  on  good  terms  ?  are  you  good  friends  ? 

A.  Oh,  yes  !  we  are  good  friends. 

Q.  Do  you  like  her  ? 

A.  I  like  her  as  well  as  I  do  any  one  else. 

Q.  Did  she  not  live  in  the  house  of  Dr.  Mudd  while  you  worked 
in  the  field  ? 

A.  Yes,  sir. 

Q.  Have  not  you  and  she  had  quarrels  ? 

A.  No,  sir  :  we  have  not  had  any  quarrel. 

Q.  You  spoke  of  the  kindness  of  Dr.  Mudrl  to  his  servants  :  do 
you  know  any  thing  about  his  having  shot  one  of  them  ? 

A.  I  did  understand  that. 

Q.  Did  you  not  know  it  ?     Were  you  not  on  the  place  then  ? 

A.  No,  sir  :  I  was  not  there. 

Q.  Did  you  know  the  one  who  was  shot? 

A.  Yes,  sir. 

Q.  When  did  you  see  him  ? 

A.  I  have  not  seen  him  since  he  left,  the  second  year  of  the 
war. 

Q.  Does  anybody  else  have  this  opinion  of  jMary  Simms  besides 
yourself. 


316  THE     TRIAL. 

A.    Yes,  sir. 

Q.    Who? 

A.    There  is  another  man  in  here. 

By  Mr.  Stone  : 

Q.    Do  you  know  what  the  other  sei-vants  about  the  plantation 
and  neighborhood  think  of  Mary  Simms  ? 
A.    Yes,  sir. 
Q.    What  do  they  think  of  her  ? 

Assistant  Judge  Advocate  Binghabi  objected  to  the  question, 
and  it  was  waived. 

By  the  Judge  Advocate  : 

Q.  Look  at  these  prisoners  here,  and  see  if  you  recognize  any  of 
them.     Have  you  ever  seen  any  of  them  before  ? 

A.    No,  sir  :  I  do  not  know  any  of  them. 

Q.  You  never  saw  the  one  sitting  on  the  extreme  end  there, 
next  the  door,  — the  small  man  ?  [pointing  to  David  E.  Herold.] 

A.    No,  sir  :  I  never  saw  him. 

Q.  Were  you  at  home  on  Saturday  after  the  President  was 
killed,  and  two  men  called  at  Dr.  Mudd's? 

A.    Yes,  sir. 

Q.    Did  you  take  their  horses  ? 

A.   Yes,  sir. 

Q.    Did  you  see  either  of  those  men? 

A.   I  got  a  glimpse  of  one. 

Q.    As  they  were  going  away? 

A.   No  :  standing  in  the  door. 

Q.    What  time  of  day  was  it  ? 

A.   The  day  was  just  breaking  :  it  was  just  about  daybreak. 

By  Assistant  Judge  Advocate  Burnett  : 

Q.  You  say  there  had  been  no  strangers'  horses  in  the  stable 
there,  that  you  remember,  within  the  last  year.  Do  you  recollect 
whether  there  were  any  horses  in  that  stable  the  next  day  after  the 
assassination  ? 

A.   No,  sir. 

Q.    Did  you  put  any  horses  tbere  that  day? 


THE     TRIAL.  317 

A.   No,  sir. 

Q.    Do  you  know  of  any  horses  being  brought  out  of  the  stable 
that  day  ? 

A.   No,  sir. 

Q.    Were  you  in  the  stable  that  day  ? 

A.   Which  day  do  you  mean  ? 

Q.    The  day  after  the  assassination  :  the  day  the  lame  man  was 
at  Dr.  Mudd's  house. 

A.   No,  sir. 

Q.    Who  fed  the  horses  on  that  day  ? 

A.   At  night  ? 

Q.    No  :  at  noon  and  in  the  mornins:. 

A.   I  did. 

Q.    Where  did  you  jout  them  ? 

A.   In  the  stable. 

Q.    What  horses  do  you  mean  ? 

A.   The  two  stray  horses  that  came  there  about  daybreak. 

Q.    What  was  the  color  of  those  horses  ? 

A.   One  was  a  bay,  and  the  other  was  a  large  roan. 

Q.    You  fed  those  horses  ? 

A.    Yes,  sir. 

Q.    What  time  did  you  feed  them  ? 

A.   It  was  just  about  daybreak  they  came  there. 

Q.    Did  you  feed  them  again  at  noon  ? 

A.   Yes,  sir. 

Q.    Were  they  gone  at  noon? 

A.   Yes,  sir. 

Q.    Which? 

A.   The  bay  one  was  gone. 

Q.    And  which  one  of  Dr.  Mudd's  ? 

A.  The  gray  one. 

Q.    Do  you  know  whether  he  went  away  with  the  gray  one  ? 

A.   I  do  not  know. 

Q.    Did  you  lead  him  out  for  the  doctor  ? 

A.    Yes,  sir. 

Q.    And  the  bay  one  ? 

A.   Yes,  sir. 

2r* 


318  THE     TRIAL. 

Q.    Did  the  little  man  on  the  end  of  the  seat  there  [Herold] 
ride  the  bay  one,  or  the  doctor  ? 

A.    I  do  not  know :  I  never  saw  him  on  a  horse. 

Q.    You  know  you  took  out  the  bay  one  and  Dr.  Mudd's  gi'ay  ? 

A.    Yes,  sir. 

Q.    Do  you  know  where  they  went? 

A.   No,  sir. 

Q.  You  do  not  know  that  the  lame  man  remained  at  Dr. 
Mudd's  ? 

A.    Indeed  I  do  not. 

Q.    You  only  know  that  you  brought  out  those  two  horses? 

A.    Yes,  sir. 

Q.    You  do  not  know  when  they  came  back? 

A.   No,  sir. 

Q.    How  soon  after  did  you  go  to  the  field? 

A.    As  soon  as  I  brought  out  the  horses. 

Q.    When  did  you  come  back  to  the  house  ? 

A.   About  night. 

Q.    What  time  of  night? 

A.   Sundown. 

Q.    Were  the  horses  gone  then  ? 

A.   Yes,  sir. 

Q.  Both  horses,  the  roan  and  the  bay,  were  gone  in  the  even- 
ing? 

A.   Yes,  sir. 

Q.  You  simply  have  no  knowledge  of  the  persons ;  that  is  to 
say,  you  did  not  feed  any  persons  in  the  woods  during  that  sum- 
mer ? 

A.   No,  sir. 

Q.    You  did  not  see  any  persons  there  ? 

A.   No,  sir. 

Q.    You  simply  do  not  know  any  thing  about  it? 

A,   No,  sir. 

Q.    That  is  all? 

A.   Yes,  sir. 


TUE     TRIAL.  319 

By  the  Court  : 

Q.    What  is  the  name  of  the  other  man  who  has  come  up  here 
tliat  does  not  like  Mary  Simms  ? 
A.   Bap. 

By  Assistant  Judge  Advocate  Burnett  : 

Q.  Are  you  still  in  the  employment  of  Dr.  Mudd  ? 

A.  Yes,  sir. 

Q.  Still  his  servant  ? 

A.  Yes,  sir. 

Q.  How  many  other  sei'vants  were  there? 

A.  He  has  another  one  there  besides  myself. 

Q.  Is  that  the  one  who  is  here  ? 

A.  Yes,  sir. 

Q.  Are  those  the  only  two  servants  he  has  left  there  ? 

A.  Yes,  sir. 

By  Mr.  Stone  : 

Q.  The  other  man  is  named  Baptist  ? 

A.  Yes,  sir. 

Q.  Where  does  he  live  this  year  ? 

A.  He  is  working  about. 

Q.  He  is  not  working  at  Dr.  Mudd's,  then? 

A.  Yes,  sh- ;  he  is. 

Q.  Is  Baptist  a  field-hand,  or  a  carpenter  ? 

A.  He  is  a  carpenter. 

Q.  Where  is  he  working  now,  do  you  know  ? 

A.  The  last  place  he  was  working  at  was  at  the  doctor's,  this 
week. 

Q.  Where  did  he  work  before  that  ? 

A.  At  Mr.  Grardiners's. 

Q.  How  long  has  Baptist  been  working  at  Dr.  Mudd's  this 
year  ? 

A.  He  has  not  been  working  there  for  more  than  a  week,  I  be- 
lieve. 

By  the  Court  : 

Q.    What  is  your  wages  ? 


320  THE     TRIAL. 

A.  One  hundred  and  thirty  dollars  a  year, 

Q.  And  something  extra  for  this  extra  job? 

A.  I  do  not  know. 

Q.  Has  nothing  been  said  about  that? 

A.  Nothing  that  I  know  of. 

Q.  Do  you  not  expect  something  extra  for  this  job  ? 

A.  Well,  I  do  not  know. 

By  Mn.  Stone  : 

Q.    Do  you  know  a  man  by  the  name  of  Walter  Bowie  ? 

A.   No,  sir. 

Q.  Did  you  see  a  man  called  by  that  name  at  Dr.  Mudd's 
house  last  year  ? 

A.   No,  sir. 

Q.  Did  I  understand  you  to  say  that  the  other  servants  about 
the  house  and  in  the  neighborhood  had  spoken  of  Mary  Simms  as 
being  untruthful,  and  not  likely  to  tell  the  trath. 

A.   Yes,  sir. 

Q.    Have  you  heard  a  good  many  of  them  speak  of  that  ? 

A.   Yes,  sir. 

Q.    Was  it  a  common  talk  among  them? 

A.   Yes,  sir. 

Q.  Did  any  one  promise  you  any  money  to  come  here  and  give 
your  testimony  ? 

A.   No,  su\ 

Q.    Has  any  thing  been  mentioned  at  all  to  you  about  it? 

A.  No,  sir. 

By  Assistant  Judge  Advocate  Burnett  : 

Q.  You  say  the  other  servants  spoke  of  Mary  Shnms :  when 
did  you  hear  them  speak  of  her  ? 

A.   When  we  lived  there  together. 

Q.   Which  one  of  the  sei-vants  spoke  of  it  ? 

A.  There  are  two  of  them  here,  —  my  own  brother  and  a  next 
neighbor. 

Q.    Anybody  else  excepting  the  two  who  are  here  ? 

A.   The  man  who  came  with  me. 


THE     TRIAL.  321 

Q.  Did  you  hear  any  persons  but  those  speak  of  her  being 
untruthful  ? 

A.  Yes,  sir.  ^ 

Q.  Who? 

A.  Servants  on  the  other  neighbors'  farms  down  there. 

Q.  What  is  the  name  of  any  person  that  spoke  about  Mary 
Simms,  except  the  persons  who  came  up  here  with  you  ? 

A.  There  is  one  woman  they  call  Hachel. 

Q.  Where  does  she  live  ? 

A,  She  is  here  in  town. 

Q.  Rachel  Spencer  ? 

A.  Yes,  sir. 

Q.  Where  did  you  hear  her  speak  of  it? 

A.  When  they  lived  there  together  last  year. 

Q.  How  long  ago  was  that? 

A.  During  the  summer  of  last  year. 

Q.  You  are  sure  you  heard  Rachel  Spencer  speak  of  it  ? 

A.  Yes,  sir. 

Q.  What  did  she  say  about  it  ? 

A.  She  said,   "It  is  not  worth  while  to  listen  to  Mary :  she 

won't  tell  the  truth  nohow." 

Q.  Where  were  you  when  she  said  that? 

A.  In  the  kitchen.  ' 

Q.  Who  was  present  ? 

A.  I  was  there,  and  Mary's  brother. 

Q.  Who  else? 

A.  I  believe  those  are  all  who  were  present  then. 

Q.  Do  you  recollect  what  month  it  was  ? 

A.  No,  sir. 

Q.  But  it  was  in  the  kitchen,  and  during  the  summer? 

A.  Yes,  sir. 

Q.  And  Rachel  Spencer  was  speaking  to  you  in  the  presence  of 

Mary  Simms' s  brother  ? 

A.  Yes,  sir. 

Q.  And  said  Mary  could  not  be  believed  nohow? 

A.  Yes,  sir. 


322  THE     TRIAL. 

Q.  That  is  the  only  one  you  can  remember  now  having  spoken 
of  her? 

A.   Yes,  sii*f 

Q.  Do  you  recollect  any  arms  being  brought  to  Dr.  Mudd's  at 
any  time  ? 

A.   No,  sir. 

Q.  Was  ever  any  thing  said  about  Kachel  Spencer  burying  any 
arms  for  Dr.  Mudd  ? 

A.  No,  sir. 

Q.    You  never  heard  any  thing  of  that  ? 

A.   No,  sir. 

Q.    Never  heard  it  spoken  of  in  the  kitchen  ? 

A.   No,  sir. 

Q.    Never  knew  of  any  parties  bringing  any  there? 

A.   No,  sir. 

Q.    You  are  certain  of  that  ? 

A.  Yes,  sir. 

Baptist  Washington, 

a  witness  called  for  the  accused,  Samuel  A.  Mudd,  being  duly 
sworn,  testified  as  follows  :  — 
By  Mr.  Stone  : 

Q.    Where  did  you  live  last  year  ? 

A.  I  lived  at  Mr.  Sam.  Mudd's  part  of  the  time,  —  about  nine 
months,  I  reckon  ;  somewhere  near  that. 

Q.    What  sort  of  work  were  you  doing  there  ? 

A.   I  put  up  a  room  between  his  house  and  his  kitchen. 

Q.    At  what  time  did  you  commence  to  work  there  ? 

A.  It  was  either  January  or  February ;  and  I  worked  there 
from  that  time  up  to  about  August,  or  maybe  a  little  longer.  I 
til  Ink  I  left  there  about  that  time. 

Q.    Did  you  go  back  there  again  ? 

A.  Yes,  sir.  I  then  came  here  to  Washington ;  and,  after  I  left 
here,  I  went  back  again.  * 

Q.    How  long  did  you  stay  in  Washington  ? 

A.   About  a  month,  I  think. 

Q.    Did  you  then  go  back  to  Dr.  Mudd's? 


THE     TRIAL.  323 

A.   Yes,  sir  :  I  went  back  there  again. 

Q,    Did  you  work  there  until  Christmas? 

A.    Yes,  sir. 

Q.  While  you  were  working  there  last  year,  did  you  ever  see  or 
hear  of  a  man  by  the  name  of  Captain  White,  fi'om  Tennessee, 
being  there  ? 

A.   No,  sir. 

Q.  Did  you  ever  hear  of  a  man  by  the  name  of  Captain  Perry 
being  there  ? 

A.   No,  sir. 

Q.  Did  you  ever  see  a  man  by  the  name  of  Lieutenant  Perry 
there  ? 

A.  Not  that  I  know  of.  I  did  not  know  any  of  those  three 
men. 

Q.   Did  you  ever  see  Captain  Bennett  Gwynn  there  ? 

A.   No,  sir. 

Q.    Do  you  know  him  when  you  see  him  ? 

A.   No,  sir. 

Q.    Do  you  know  Andrew  Gwynn  when  you  see  him? 

A.    No,  sir :  I  am  not  acquainted  with  him  at  all. 

Q.    You  did  not  see  him,  then,  to  your  knowledge  ? 

A.   Not  that  I  know  of. 

Q.    Or  George  Gwynn  ? 

A.    No,  sir. 

Q.  Did  you  ever  see  or  hear  of  them  being  there,  to  your 
knowledge  ? 

A.  No,  sir  :  I  neither  saw  nor  heard  of  them  being  there,  to  my 
knowledge. 

Q.  Did  you  see  or  hear  of  any  person  being  camped  about  the 
spring,  and  sleeping  in  the  woods,  last  year  ? 

A.   No,  sir. 

Q.    Were  you  frequently  around  the  spring  yourself? 

A.  I  was  working  right  at  the  stable  part  of  the  time,  and  used 
to  go  down  there  pretty  often  ;  and  I  never  saw  any  persons  there 
at  all.      If  any  persons  were  there,  I  never  saw  them. 

Q.    Did  you  ever  know,  while  you  were  working  about  the  stable 


» 


324  THE      TRIAL. 

last  year,  of  any  horses  of  strangers  being  kept  there  two  or  three 
days  ? 

A.   No,  sir. 

Q.    You  are  a  carpenter  ? 

A.   Yes,  sir. 

Q.  And  you  were  putting  up  a  room  between  Dr.  Mudd's  house 
and  kitchen  ? 

A.   Yes,  sir. 

Q.    You  were  working  about  the  house  and  about  the  stable  ? 

A.  Yes,  sir :  I  framed  it  pretty  much  at  the  stable.  It  was 
sawed  out  there. 

Q.  Were  you  there  every  day  while  you  were  at  work  there,  ex- 
cept on  Sundays  or  holidays  ? 

A.  I  was  there  every  day,  except  Sundays  and  some  Saturdays 
that  I  was  away. 

Q.  Do  you  know  Mary  Simras,  the  colored  girl  that  lived  at  Dr. 
Mudd's  ? 

A.   Yes,  sir. 

Q.    Was  she  there  last  year  ? 

A.   Yes,  sir  :  she  was  there  part  of  last  year. 

Q.  Did  you  ever  hear  her  character  for  ti-uth-telling  discussed 
and  talked  about  among  the  servants  ? 

A.  I  never  heard  any  person  put  any  confidence  in  her  for 
truth. 

Q.    You  never  heard  anybody  put  confidence  in  her  for  tnith? 

A.  No,  su' ;  not  those  that  knew  her,  about  any  thing.  That  is 
the  reason  I  never  knew  whether  she  was  a  truth-teller  or  not.  I 
used  to  talk  to  her  sometimes ;  but  what  little  she  told  me,  I  never 
put  much  confidence  in. 

Q.  Was  her  general  character  among  the  servants  that  of  a 
truthful  woman,  or  not  ? 

A.   Indeed  I  do  not  know. 

Q.    You  did  not  put  much  confidence  in  her  yourself? 

A.    No,  sir. 

Q.    How  did  Dr.  Mudd  treat  his  servants? 

A.   He  always  treated  them  very  well,  so  far  as  I  knew. 

Q.    How  did  he  treat  you  ? 


THE      TRIAL.  325 

A.  He  treated  me  very  well.  •  I  was  always  very  well  satisfied 
with  tlie  accommodations  he  gave  me  when  I  was  there. 

Q.  What  was  this  Mary  Simms's  occupation  V  What  did  she  do 
about  the  house  ? 

A.    She  minded  the  children,  and  waited  on  the  table  at  times. 

Q.    Did  you  ever  see  a  man  by  the  name  of  John  Surratt  V 

A.   If  I  saw  him,  I  did  not  know  him. 

Cross-examined  by  Assistant  Judge  Advocate  Burxett  : 

Q.  Were  you  a  slave  of  Dr.  Mudd's  ? 

A.  No,  sir :  I  was  a  slave  of  Mrs.  Lydia  Ann  Dyer,  originally 
of  the  family  of  Jerry  Dyer. 

Q.  You  never  were  Dr.  IVIudd's  slave  ? 

A.  No,  sir. 

Q.  You  were  simply  there  as  a  hired  servant  ? 

A.  Yes,  sir. 

Albin  J.  Brooke, 

a  witness  called  for  the  accused,  Samuel  Mudd,  being  duly  sworn, 
testified  as  follows  :  — 

By  Mr.  Stone  : 

Q.    Where  do  you  live  now  ? 

A.   At  Calvert  College. 

Q.    Where  is  that  located  ? 

A.   Near  New  Windsor,  in  the  western  part  of  Maryland. 

Q.    When  did  you  go  there  ? 

A.   Last  September. 

Q.    What  time  in  last  September  ? 

A.   Between  the  first  and  the  middle  of  September. 

Q.  Where  did  you  reside  last  year  before  you  went  to  Calvert 
College  ? 

-A.   At  Dr.  Samuel  A.  Mudd's. 

Q.    When  did  you  go  there  to  reside  ? 

A.    On  the  first  of  January,  18G4. 

Q.  While  you  were  living  at  Dr.  Mudd's,  last  year,  did  you  see 
a  Captain  White  from  Tennessee  there  ? 

A.   No,  sir. 
VOL.  II.  28 


326  THE     TRIAL. 

Q.  Did  jou  hear  of  his  being  there  ? 

A.  No,  sir. 

Q.  Did  you  see  a  Captain  Perry  ? 

A.  No,  sir. 

Q.  Or  Lieutenant  Perry  ? 

A.  No,  su\ 

Q.  Do  you  know  Bennett  Gwynn,  or  Ben.  Gwynn? 

A.  Yes,  sir. 

Q.  Did  you  see  him  there  last  year  ? 

A.  No,  sir. 

Q.  Do  you  know  Andrew  Gwynn  ? 

A.  Yes,  sir. 

Q,  Did  you  see  him  there  last  year  ? 

A.  No,  sir. 

Q.  Did  you  know  George  Gwynn  ? 

A.  Yes,  sir. 

Q.  Did  you  see  him  there  last  year  ? 

A.  No,  sir. 

Q.  Did  you  know  John  Surratt  ? 

A.  I  saw  him  once  in  Prince  George*s  County. 

Q.  Did  you  see  him  there  last  year  ? 

A.  No,  sir. 

Q.  During  the  time  you  were  living  there  last  year,  did  you  see 
or  have  any  knowledge  of  any  persons  sleeping  out  in  the  woods  on 
the  farm  ? 

A.  No,  sir. 

Q.  Were  you  employed  on  the  farm  ? 

A.  Yes,  sir. 

Q.  What  was  your  occupation  in  the  summer  ? 

A.  I  was  ploughing. 

Q.  Were  you  at  the  stable  frequently? 

A.  Yes,  sir  ;  three  times  a  day. 

Q.  Morning,  noon,  and  night  ? 

A.  Yes,  sir. 

Q.  Did  you  see  any  strange  horses  in  the  stable  ? 

A.  No,  sir. 

Q.  Where  did  you  take  your  meals  and  sleep  ? 


THE     TRIAL.  327 

A,   In  the  house. 

Q.    Did  you  take  your  meals  in  the  house  ? 

A.   Yes,  sir. 

Q.    And  sleep  in  the  house  ? 

A.   Yes,  sii*. 

Q.    Were  you  about  the  spring  during  the  year  ? 

A.   Yes,  sir. 

Q.  Did  you  ever  see  any  evidence  of  persons  sleeping  in  the 
voods  ? 

A.   No,  sir. 

Q.    Wliere  were  you  in  1861  ? 

A.    I  was  living  at  Jerry  Dyer's,  just  across  the  swamp. 

Q.  Do  you  know  of  any  one  sleeping  in  the  woods  about  Dr. 
Mudd's  place  in  1861,  the  first  year  of  the  war  ? 

A.   Yes,  sir. 

Q.    You  saw  persons  there  that  year  ? 

A.   Yes,  sir. 

Q.    Who  were  they? 

A.   Jerry  Dyer,  Ben.  Gwynn,  and  Andrew  Gwynn. 

Q.    How  long  were  they  doging  about  there  in  the  woods  ? 

A.   I  do  not  recollect  how  long  they  were  there. 

Q.    Have  you  seen  Andrew  Gwynn  about  in  that  country  since? 

A.   No,  sir. 

Cross-examined  by  Assistant  Judge  Advocate  Bingham  : 

Q,  [Exhibiting  to  the  witness  the  photograph  of  John  H.  Sur- 
ratt,  marked  Exhibit  No.  72.]  Do  you  know  whose  picture 
that  is  ? 

A.   Yes,  sir. 

Q.    Whose  is  it  ? 

A.   John  H.  Surratt's. 

Q.    Where  did  you  see  him  ? 

A.   In  Prince  George's  County. 

Q.    When? 

A.   Last  August. 

Q.    What  time  last  August  ? 

A,   About  the  middle  of  the  month. 


328  THE     TRIAL. 

Q.    How  far  is  that  from  Charles  County  ? 

A.   I  do  not  know  exactly  how  far  it  is. 

Q.    How  far  did  you  see  him  from  Dr.  Mudd's  ? 

A.   About  fifteen  miles,  I  guess. 

Q.    Did  you  see  him  aftei-wards  ? 

A.   No,  sir. 

Q.    Was  nobody  at  all  at  Dr.  Mudd's  last  summer? 

A.   No  one  but  the  neighbors  around. 

Q.    Did  you  ever  see  Booth  there  ? 

A.    No,  sir.  , 

Q.    Where  were  you  when  Booth  staid  there  all  night  ? 

A.   I  read  in  the  papers  that  he  staid  there  one  night ;  but  I  was 
not  there  then.     I  left  in  September. 

Q.    Did  you  see  Booth  down  in  that  country? 

A.   No,  sir. 

Q.    Did  you  ever  see  him  anywhere  ? 

A.   No,  sir. 

Q.    Did  you  say  that  you  never  saw  Surratt  more  than  once  ? 

A.   I  never  saw  him  more  than  once. 

Q.    And  you  saw  no  strangers  come  there  at  all  while  you  were 
til  ore  ? 

A.   No,  sir.  ■ 

Q.    None  at  all  ? 

A.   No,  sir  :  none. 

Q.    Can  you  name  anybody  that  did  come  there  ?  any  one  that 
lives  around  the  county? 

A.    William  A.  Mudd,  Albert  Mudd,  and  his  brother,  Constan- 
tino Mudd. 

Q.    Who  else? 

A.   There  were  not  any  strangers  came  there,  — only  the  neigh- 
bors. 

Q.    Those  are  all  you  know  that  came  there  ? 

A.    Yes,  sir. 

Q.    AllMudds? 

A.   Yes,  sir. 

Q.    Did  anybody  come  for  him  at  all  ? 

A.   No,  sir;  not  that  I  know  of. 


THE     TRIAL.  329 

Q.    Did  nobody  come  to  take  him  away? 

A.   No,  sir  :  only  the  people  came  for  him  to  see  the  sick. 

Q.    Do  you  know  anybody  that  did  come  for  him  ? 

A.   I  do  not  recollect  of  any  in  particular. 

Q.  Did  you  know  all  the  people  that  did  come  for  him  while  you 
were  there  ? 

A.   Yes,  sir  :  I  knew  them  all. 

Q.    Do  you  know  them  all  now  ? 

K.    Yes,  sir. 

Q.    Can  you  tell  any  of  them  that  came  after  him  ? 

A.  I  do  not  think  I  can  :  I  do  not  recollect  who  they  were  par- 
ticularly. 

Q.  You  cannot  tell,  then,  if  you  do  not  recollect  all  who  came 
after  him,  whether  you  know  them  all  or  not  ? 

A.   Yes,  sir :  I  would  know  them  if  I  saw  them. 

Q.    Whether  you  recollect  them  or  not  ? 

A.  Yes,  sir. 

Baptist  Washington 
recalled  for  the  accused,  Samuel  A.  Mudd. 

By  Mr.  Ewing  : 

Q.  [Exhibiting  to  the  witness  the  photograph  of  John  II.  Sur- 
ratt,  marked  Exhibit  No.  72.]  Look  at  that  picture,  and  say 
whether  you  ever  saw  that  man  at  Dr.  Mudd's  house. 

A.   If  I  saw  him,  I  did  not  know  him. 

Q.  Do  you  recollect  now  of  ever  having  seen  him  at  Dr.  Mudd's 
house  ? 

A.   No,  sir :  I  do  not  recollect  having  seen  him  there. 

Jeremiah  Dyer 
recalled  for  the  accused,  Samuel  A.  Mudd. 
By  Mr.  Stone  : 

Q.    Did  you  know  John  H.  Surratt  ? 

A.    Yes,  sir. 

Q.    [Exhibiting  to  the  witness  the  photograph  of  John  H.  Sur- 

28* 


330  THE     TRIAL. 

ratt,  marked  Exhibit  No.  72.]    Look  at  that  picture,  and  see  if  that 
is  his  picture. 

A.    I  should  think  that  a  very  good  likeness  of  him. 

Cross-examined  by  Assistant  Judge  Advocate  Bingham  : 

Q.    Where  did  you  know  John  H.  Surratt? 

A.  I  have  seen  him  at  his  father's  place,  on  the  road  from 
Washington. 

Q.    When  did  you  see  him  ? 

A.  I  think  the  last  time  I  saw  him  was  about  a  year  and  a  half 
or  two  years  ago. 

Q.    Have  you  not  seen  him  for  two  years  ? 

A.   I  do  not  know  that  I  have. 

Q.   You  say  the  last  time  you  saw  him  was  at  his  father's  house  ? 

A.   Yes,  sir. 

Q.    Was  his  father  living  then? 

A.   I  do  not  think  he  was. 

Q.    At  his  mother's  house  ? 

A.   Where  his  mother  lived,  at  Surrattsville. 

•Q.    Had  he  a  goatee  then? 

A.   I  think  he  had  :  that  is  my  recollection  of  him  ? 

Q.    Such  as  is  represented  in  that  picture  ? 

A.  That  general  picture  is  a  very  good  hkeness,  according  to  my 
recollection  of  him. 

Q.    You  never  saw  him  since? 

A.  No  :  I  have  not.  The  last  time  I  saw  him  was  at  the  place 
where  they  formerly  resided,  and  where  they  did  reside  at  that  time. 

By  Mk.  Stone  : 

Q.    W\io  lives  nearest  to  Washington,  Dr.  Mudd  or  Dr.  Queen  ? 

A.   Dr.  Mudd,  I  think,  is  rather  nearer. 

Q.    Dr.  Queen  lives  below  Bryantown  ? 

A.  Yes,  sir;  some  distance;  and  Dr.  Mudd  lives  above  Bryan- 
town. 

Q.  State  to  the  Court  whether  Dr.  Mudd  lives  on  any  of  the 
roads  leadino*  from  Washino;ton  to  the  Potomac  River. 

A.  No,  sir ;  no  direct  road  :  his  place  would  be  out  of  the  way 
in  o-oino;  to  the  Potomac. 


THE      TRIAL.  331 

Q.  Is  Dr.  Mudd's  residence  nearer  the  Patuxent  than  tlie  Poto- 
mac? 

A.   It  is. 

Q.  How  far  out  of  the  way  would  it  be  for  a  person  starting 
from  Washington  City,  intending  to  strike  the  Potomac,  say  about 
Pope's  Creek  or  Upper  Cedar-Point  Neck,  to  go  by  Dr.  Mudd's  ? 

A.   It  would  make  a  very  considerable  difference. 

Q.    State  how  much. 

A.  I  suppose,  not  less  than  seven  or  eight  miles.  Taking  the 
direct  route,  you  would  not  pass  his  house,  at  the  nearest  point, 
nearer  than  within  six  or  seven  miles,  I  think  :  I  mean,  by  taking 
the  Piscataway  Road,  which  is  the  nearest  road  leading  down  to  these 
points.  If  a  person  took  the  Bryantown  Road,  he  would  come 
within  three  miles ;  but  that  would  be  out  of  his  way  in  going  to 
either  of  those  points. 

Q.  How  much  out  ^  of  the  way  would  it  be  for  a  person  starting 
to  go  from  here,  say  to  Port  Tobacco,  intending  to  strike  the 
Potomac  at  that  point,  to  go  by  Dr.  Samuel  Mudd's  ? 

A.  Seven  or  eight  miles.  The  nearest  point  to  Dr.  Mudd's  that 
he  would  pass  would  be,  I  think,  at  Troy,  where  the  main  road 
crosses. 

Q-.    How  far  is  it  from  Troy  to  Dr.  Mudd's  ? 

A.   About  seven  or  eio-ht  miles. 

Q.  Then,  in  going  there  and  back,  it  would  be  about  sixteen 
miles  ? 

A.   It  would. 

Q.  When  you  say  it  would  be  seven  or  eight  miles  out  of  the 
way,  you  mean  that  a  person  in  travelling  from  Washington  to  Port 
Tobacco,  to  call  at  Dr.  Mudd's,  would  have  to  travel  sixteen  miles 
more  than  he  would  if  he  kept  on  straight  down  ? 

A.  The  road  winds  a  little ;  and  I  do  not  know  that  it  would 
make  a  difference  of  sixteen  miles.  It  is  a  direct,  straight  road 
part  of  the  way  to  Dr.  Mudd's,  and  then  it  turns :  there  is  a  little 
winding.  I  suppose  it  would  make  a  difference  of  ten  or  twelve 
miles  at  least,  if  not  more,  to  go  by  his  house. 

Q.  Dr.  Mudd's  house  is  considerably  nearer  the  Patuxent  than 
the  Potomac,  is  it  not  ? 


332  THE     TRIAL. 

A.   Yes,  sir  ;  it  is. 

Q.    All  the  shipping  from  his  farm  is  done  on  the  Patuxent? 

A.    Yes,  sir. 

Q.  What  point  on  this  side  is  nearly  opposite  to  Matthias  Point, 
in  Virginia?     Do  you  know  where  Matthias  Point,  in  Virginia,  is? 

A.  Pope's  Creek,  I  think.  I  am  not  familiar  with  the  names 
of  places  on  the  other  side  of  the  river. 

Q.  Are  you  familiar  with  the  course  of  the  river  —  the  general 
course  of  the  Potomac  —  from  here  down  ? 

A.    Not  very. 

Q.  You  suppose,  then,  from  your  knowledge  of  the  direct  route 
from  here  to  Port  Tobacco,  that  a  person  going  by  Dr.  Sam.  Mudd's 
would  have  to  go  at  least  ten  or  twelve  miles  out  of  the  way  ? 

A.   I  think  so. 

Cross-examined  by  Assistant  Judge  Advocate  Burnett  : 

Q.    How  far  is  it  fi'om  Baltimore  to  Dr.  Mudd's  house  ? 

A.   About  sixty-five  miles  by  rail  and  land. 

Q.    Did  you  say  you  formerly  resided  in  that  neighborhood  ? 

A.   Yes,  sir. 

Q.    How  long  since  ? 

A.  I  went  to  Baltimore  in  May.  I  did  not  remain  there  perma- 
nently. 

Q.    Last  May? 

A.   No,  sir  :  two  years  ago. 

Q.  Where  have  you  been  since  that,  if  you  have  not  been  in 
Baltimore  ? 

A.  I  have  been  in  Baltimore,  and  down  in  the  country  occasion- 
ally. 

Q.    What  country  ? 

A.   In  Charles  County,  where  I  was  raised. 

Q.    What  were  you  doing  there  ? 

A.   Settling  up  my  business. 

Q.    What  business  ? 

A.  I  sold  my  property  there,  and  took  notes ;  and  then  I  would 
run  down  to  see  my  sister. 

Q.    What  kind  of  property? 


THE     TRIAL.  333 

A.  I  sold  my  stock  and  farming  produce,  and  what  I  had  on  the 
farm. 

Q,    What  do  you  mean  by  your  stock  ? 

A,   Horses,  cattle,  sheep,  hogs,  and  so  on ;  and  some  furniture. 

Q.    And  you  took  notes,  and  would  go  down  there  collecting? 

A.   Yes  :  sometimes  I  would  go  on  business. 

Q.  Did  you  ever  have  any  business  that  took  you  along  the  line 
of  the  Potomac,  or  across  the  river  ? 

A.   No,  sir  :  never  across  the  Potomac  River. 

Q.    Or  down  the  Potomac? 

A.  No,  sir  :  I  have  not  been  down  the  Potomac  for  four  or  five 
years. 

Q.  Have  you,  since  the  commencement  of  this  Rebellion, 
belonged  to  any  secret  political  society  of  any  name  ? 

A.   I  have  not. 

Q.    Or  disloyal  organization  of  any  secret  character  ? 

A.   I  have  not. 

Q.    Of  any  name? 

A.  I  have  not.  I  do  not  and  never  belonged  to  any  secret 
society  of  any  sort. 

Q.  Do  you  know  any  thing  about  any  goods  shipped  from  Charles 
County,  or  what  channels  they  were  run  through  that  country,  to 
the  rebels  across  the  Potomac  there  ? 

A.   I  do  not. 
,  Q.    You  do  not  know  the  route  those  goods  took  that  went  through 
that  county  to  the  rebels  ? 

A.   T  do  not. 

Q.    You  know  nothing  about  it  ? 

A.  No.  I  was  in  Bryantown  on  one  occasion  when  there  were 
some  trunks  stopped  there  that  came  down  by  the  stage,  and  kept 
there  a  while.  That  was  two  or  three  years  ago.  I  think  they  were 
sent  down  by  stage  from  Washington ;  and  they  were  stopped,  I 
think,  by  Dr.  Bowman  and  Mr.  Burch. 

Q.  You  do  not  know  the  secret  channels  through  that  part  of  the 
country  across  the  Potomac  ? 

A.  I  do  not.  I  do  not  know  where  there  was  any  crossing-point, 
not  for  two  years. 


334  THE     TRIAL. 

By  Mr.  Stone  : 

Q.  As  something  has  been  said  about  your  business  in  Charles 
I  will  ask  you  what  has  been  your  business  in  Baltimore  ? 

A.  I  am  doing  a  general  commission  business, — selling  grain 
tobacco,  and  so  on. 

«  Dr.  William  J.  Bowman, 

a  witness  called  for  the  accused,   Samuel  A.  Mudd,  bping  ^.ak. 
sworn,  testified  as  follows  :  — 

By  Mr.  Stone  ; 

Q.    Where  do  you  reside  ? 

A.    At  Bryantown,  Charles  County,  Md 

Q.    Did  you  ever  see  J.  Wilkes  Booth? 

A.   I  did. 
■      Q.    Where? 

A.  I  first  saw  him  at  church,  near  Bryantown.  At  least,  I  asketl 
who  he  was ;  and  I  was  told  that  it  was  Booth,  the  tragedian.  A 
few  days  afterwards,  I  saw  him  again  at  Bryantown. 

Q.  Do  you  know  his  ostensible  object  in  visiting  that  part  of  the 
country  ? 

A.  At  Bryantown,  after  speaking  to  one  or  two  who  were  there, 
he  asked  me  whether  I  knew  of  any  person  that  had  any  land  to 
sell.  I  told  him  that  I  had  myself  a  tract  of  land  that  I  should 
like  to  dispose  of.  He  asked  me  where  it  was.  I  took  him  to  the 
window,  and  pointed  the  place  out  to  him,  and  told  hirti  there  it  was. 
He  then  asked  me  what  I  asked  for  it.  I  told  him  it  was  two 
tracts,  —  one  was  a  tract  containing  about  a  hundred  and  eighty 
acres,  which  was  mine  ;  and  the  other  belon2:ed  to  our  estate  :  and 
that  I  would  take  —  I  hardly  know  whether  it  is  material  to  state 
the  price  or  not.  He  asked  me  whether  I  had  any  horses  to  sell. 
I  told  him  that  I  had  several  horses  that  I  would  sell.  He  then 
said,  "  I  will  be  down  in  a  couple  of  weeks,  and  look  at  your  land." 
That  is  all  the  conversation  I  had  with  him. 

Q.  Do  you  know  of  Dr.  Mudd's  land  being  offered  for  sale,  or 
being  for  sale,  before  Booth  came  down  there  ? 

A.    I  heard  him  say  last  summer,  when  he  could  get  no  hands. 


THE     TPilAL.  335 

that  he  could  not  till  his  land,  and  would  like  to  sell  it,  and  would 
do  so.  I  asked  him  what  he  expected  to  do  in  case  he  sold  his 
land.  He  said  he  thought  of  going  into  the  mercantile  business  in 
Benedict. 

Q.    Where  is  Benedict  ? 

A.  Benedict  is  in  an  easterly  direction  from  Bryantown,  and  is 
our  usual  port  for  Charles  County. 

Q.    Is  it  on  the  Patuxent  or  Potomac  River? 

A.   On  the  Patuxent  Biver. 

Q.  Bo  you  know  whether,  after  this  time,  that  Br.  jMudd  had 
been  in  treaty  with  any  one  for  the  sale  of  his  land,  —  with  Booth, 
or  anybody  else  ? 

A.  After  I  had  this  conversation  with  Booth,  I  met  Dr.  Mudd 
some  four  or  five  days  afterwards,  or  it  may  be  longer. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.    That  was  last  fall  ? 

A.  Yes,  sir  :  some  time  in  December.  I  told  him  I  believed  I 
would  sell  my  land  now.  He  asked  me  to  whom  I  expected  to  sell. 
I  told  him  there  was  a  man  by  the  name  of  Booth  that  said  he  was 
coming  down,  but  had  not  come.  Said  he,  "  That  fellow  promised 
to  buy  mine." 

By  Mr.  Stone  : 

Q.  Do  you  know  of  Booth's  inquiring  of  anybody  else  about 
land  in  that  neighborhood  ? 

A.   I  do  not. 

Q.    What  is  the  distance  from  Bryantown  to  the  Patuxent? 

A.   Ten  miles. 

Q.    What  is  the  distance  over  to  the  Potomac  ? 

A.  It  depends  on  what  part  of  the  Potomac  you  want  to  go. 
In  some  places  it  is  more  than  others. 

Q.  What  is  the  distance  to  the  nearest  crossing  of  the  Potomac, 
tliat  you  know  of,  from  Bryantown  ? 

A.   I  think  Matthias  Point  is  the  nearest  from  Bryantown. 

Q.    What  is  the  distance  there  ? 

A.  I  could  not  say  positiv^ely ;  but  I  reckon  it  is  about  fifteen 
or  sixteen  miles,  or  somewhere  along  there. 


336  THE     TRIAL. 

Q.    How  far  is  it  from  Dr.  Mudd's  to  the  Patuxent? 

A.  Dr.  Mudd  lives  about  three  miles  and  a  half  from  Bryan- 
town,  —  above  Br jantown. 

Q.  How  far  does  Dr.  Mudd  live  from  the  Patuxent,  striking  the 
Patuxent  opposite  his  house. 

A.  The  nearest  point  from  bis  house  is  a  place  called  Magi-uder's 
Ferry. 

Q.    Do  you  know  how  far  that  is  ? 

A.   No,  sir ;  but  I  expect  it  is  eight  or  nine  miles. 

Q.  It  is  about  eight  or  nine  miles,  you  think,  from  Dr.  Mudd's 
house  to  Magruder's  Ferry  on  the  Patuxent,  which  is  the  nearest 
landing-place  ? 

A.   Yes,  sir. 

Q.  How  far  is  it  from  Dr.  Mudd's  house  to  the  Potomac,  oppo- 
site Matthias  Point  ? 

A.  Pope's  Creek  is  opposite  Matthias  Point.  He  lives  three 
miles  and  a  half  from  Bryantown  ;  but  I  am  not  positive  as  to  the 
distance  from  Bryantown  to  Pope's  Creek. 

Q.    You  suppose  it  to  be  about  fifteen  miles  ? 

A.   Yes,  sir. 

Q.  Then  Dr.  Mudd's  house  would  be  about  eighteen  miles  from 
there  ? 

A.  Yes,  sir. 

Cross-examined  by  Assistant  Judge  Advocate  Burnett  : 

Q.  How  near  do  you  live  to  Dr.  Mudd? 

A.  Three  miles  and  a  half. 

Q.  Do  you  know  what  land  Dr.  Mudd  owns  ? 

A.  The  tract  of  land  that  he  resides  on. 

Q.  Do  you  know  that  he  owns  that  ? 

A.  No  further  than  I  know  of  any  otlier  person  owning  land 
who  is  living  on  it. 

Q.  Do  you  know  any  tbing  about  it? 

A.  I  do  not. 

By  Mr.  Stone  : 

Q.    Do  you  know  whether  or  not  Mr.  Henry  L.  3Iudd,  the 


THE      TRIAL.  337 

father  of  Dr.  Mudd,  is  or  is  not  a  large  landholder  ?  whether  he 
does  not  own  a  considerable  amount  of  land  there  ? 

A.   Yes,  sir. 

Q.    Do  you  know  how  much  ? 

Assistant  Judge  Advocate  Bingham  objected  to  the  question. 
The  question  was  waived. 

George  Booz, 

a  witness  called  for  the  accused,  Samuel  A.  Mudd,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Stone  : 

Q.    Where  do  you  live  ? 

A.   I  live  with  Mr.  Henry  L.  Mudd. 

Q.    At  which  of  his  places  do  you  live  ? 

A.   At  the  lower  place,  next  to  Bryantown. 

Q.  How  far  is  that  place  where  you  live  from  Mr.  John  Mc- 
pherson's ? 

A.   About  half  a  mile. 

Q.  Is  the  house  on  the  farm  where  you  live  above  the  road,  or 
below  the  road  ? 

A.   Above  the  road. 

Q.  Will  you  state  to  the  Court  whether  you  saw  Dr.  Mudd  on 
Easter-Saturday  evening  ? 

A.   Yes,  sir. 

Q.    Where  did  you  see  him  ? 

A.  I  saw  him  up  there  at  my  house,  and  below  my  house,  com- 
ing up  from  towards  Bryantown,  and  going  towards  home. 

Q.  Does  the  main  road  leading  from  Bryantown  up  to  the 
swamps  go  right  through  your  place  ? 

A.   Yes,  sir  :  he  was  not  on  the  main  road. 

Q.  To  go  from  Bryantown  to  Dr.  Mudd's,  can  you  either  keep 
straight  along  the  swamp,  or  go  along  through  your  place  ? 

A.  You  can  go  through  the  plantation  path,  or  go  through  the 
main  road,  either  one. 

VOL.   II.  29 


338  THE     TRIAL. 

Q.  Did  Dr.  Mucld  come  from  towards  Bryantown,  and  pass 
through  your  place  ? 

A.  Yes,  sir. 

Q.    Was  there  any  one  with  him  ? 

A.  I  did  not  see  any  person  with  him,  neither  above  him  nor 
below  him,  neither  walking  nor  riding. 

Q.    Are  there  any  woods  between  your  place  and  McPherson's? 

A.  Some  few  bushes  lower  down  on  the  ditch  bank,  —  some 
briers  and  tall  bushes. 

Q.  Only  some  bushes  on  that  swamp  that  runs  between  your 
place  and  McPherson's  ? 

A.    Some  few  bushes  and  a  few  scattering  trees. 

Q.    Where  had  you  been  that  evening? 

A.   I  had  been  down  in  the  swamp  looking  for  my  hOgs. 

Q.    You  had  been  below  the  main  road  ? 

A.  Yes,  sir  :  I  crossed  the  main  road,  and  came  up  to  my  house, 
and  met  him  coming  up  from  towards  Bryantown ;  and  I  spoke  to 
him,  and  he  kept  on  about  his  business,  and  I  kept  on  about  mine. 

Q.    What  time  in  the  evening  was  that  ? 

A.   As  near  as  I  can  come  at  it,  between  three  and  four  o'clock. 

Q.    In  the  afternoon? 

A.   Yes,  sir. 

Q.    There  was  no  one  with  him  at  all? 

A.   No  one  with  him,  that  I  saw. 

Q.    You  did  not  see  any  one  pass  up  either  road  ? 

A.   No,  sir :  I  did  not  see  any  one  on  either  road  ? 

Q.  Is  there  any  road  that  turns  out  of  the  main  road  between 
the  road  that  turns  up  to  your  house  and  this  little  swamp  ? 

A.   No,  sir. 

/Q.  Is  there  any  road  that  turns  out  of  the  main  road  between 
your  house  and  McPherson's  ? 

A.  No,  sir ;  only  a  little  path  from  Bryantown  to  Mr.  McPher- 
son's. 

Q.    Up  to  Mr.  McPherson's,  on  the  hill? 

A.   Yes,  sir. 

Q.    Did  you  see  anybody  on  horseback  standing  in  the  swamp? 

A.   No,  sir :  I  did  not  see  any  person  at  all. 


THE     TRIAL.  339 

Q.  Did  you  go  near  enough  to  the  swamp  to  have  been  able  to 
see  any  one  if  lie  had  been  standing  there  ? 

A.  If  anybody  had  been  standing  in  the  road,  I  think  I  should 
have  seen  him,  as  I  passed  from  the  big  swamp  across  the  main 
road  up  to  my  house  as  I  came  up  the  hill. 

Q.    You  passed  near  this  little  swamp  ? 

A.    Yes,  sir. 

Q.   You  did  not  see  anybody  there  ? 

A.  No,  sir  :  I  did  not.  I  came  out  of  the  big  swamp,  and  went 
up  to  the  house ;  and  I  did  not  see  any  person  standing  either  one 
way  or  the  other. 

Q.  You  could  have  seen  any  one  that  was  standing  there  on 
horseback  ? 

A.  There  was  nothing  between  me  and  the  other  little  swamp 
but  a  line  of  fence  that  ran  down  the  main  road. 

Q.    How  was  Dr.  Mudd  riding,  slow  or  fast  ? 

A.  He  was  riding  at  his  usual  gait,  on  a  little  pace,  as  he  gen- 
erally rides.  I  see  him  often  pass  through  my  place  when  going 
down  to  the  otHee. 

Q.  Was  that  Dr.  Mudd's  usual  route,  when  he  went  to  Bryan- 
town,  to  go  through  that  place  ? 

A.  Very  frequently,  whether  going  or  coming,  he  would  always 
pass  through  there,  and  I  would  see  him. 

Q.  You  are  attending  to  that  place  for  old  Mr.  Mudd,  are  you 
not? 

A.   Yes,  sir. 

Q.    Did  Dr.  Mudd  stop  at  that  time  ? 

A.  Yes,  sir  :  he  merely  stopped,  and  spoke  to  me  I  spoke  to 
him,  and  he  passed  on.  He  asked  me  whore  I  had  been  ;  merely 
made  one  or  two  speeches,  and  then  kept  on. 

Cross-examined  by  Assistant  Judge  Advocate  Bingham  : 

Q     He  asked  you  where  you  had  been  ? 

A.    Yes,  sir ;  and  I  told  him. 

Q.  You  say  you  made  one  or  two  speeches  :  did  you  tell  hiio 
where  you  had  been  ? 

A.  Yes,  sir :  I  told  him  I  had  been  in  the  swamp  to  look  after 
my  hogs. 


340  THE     TRIAL. 

Q.  Did  be  ask  you  if  you  had  seen  anybody  ? 

A.  No,  sir. 

Q.  How  far  was  be  from  Bryantown,  coming  from  towards  Bry- 
antown,  when  you  met  bim  between  three  and  four  o'clock  ? 

A.  About  one  mile. 

Q.  Just  about  one  mile? 

A.  Yes,  sir. 

Q.  T\T]at  sort  of  a  borse  was  be  riding? 

A.  A  bay  filly. 

Q.  Was  it  bis? 

A.  Yes,  sir  :  it  was  bis  filly. 

Q.  Had  you  seen  it  before  ? 

A.  Yes,  sir  :  I  knew  it  well. 

Q.  He  went  on  towards  bis  borne  ? 

A.  He  went  on  towards  bis  borne. 

Q.  Tbis  was  on  a  by-road  ? 

*  A.  Yes,  sir  ;  coming  tbrougb  my  plantation. 

Q.  I)id  be  say  any  tbing  about  Bryantown  at  all? 

A.  Not  one  word,  —  neitber  to  me,  nor  I  to  bim. 

Q,  You  could  not  see  all  over  the  swamp  ? 

A.  No,  sir ;  not  all  over.     I  could  if  I  took  particular  notice. 

Q,  A  man  might  have  been  there,  off  his  horse,  and  you  not 
see  him  ? 

A.  I  was  not  noticing  for  any  person  or  any  tbing  of  that  kind. 

Q.  But  he  might  have  been  there,  and  you  not  see  him  ?    It  had 

brush  and  bushes  enough  to  hide  a  man  ? 

A.  Some  small  bushes,  as  tall  as  a  man's  bead,  or  taller. 

Q.  So  that,  if  he  had  been  there  and  dismounted,  you  might  not 
have  seen  bim  ?     Is  that  what  you  mean  ? 

A.  Yes,  sir. 

By  Mr.  Stone  : 

Q.  Did  Dr.  Mudd  make  any  inquiiies  of  you  as  to  how  you 
came  on  with  your  farming-work  ? 

A.  No,  sir ;  not  that  I  recollect.  He  may  have  asked  me  ;  but 
I  have  no  recollection  of  it. 

Q.    Was  the  filly  he  was  riding  a  gi'ay,  or  a  bay? 

A.   A  bay. 


the    trial.  341 

Mrs.  Mary  Jane  Simms, 

a  witness  called  for  the  accused,   Samuel  A.   Mudd,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Stone  : 

Q.    Where  did  you  reside  during  the  last  year,  18G4? 

A.   With  Dr.  Samuel  A.  Mudd. 

Q.    Did  you  reside  there  the  whole  year? 

A.  Yes,  sir ;  except  when  I  was  at  my  sister's  visiting.  That 
was  my  home.  I  never  staid  over  two  or  three  weeks  at  a  time  at 
my  sister's. 

Q.    You.  resided  there,  you  say,  the  whole  year  ? 

A.   Yes,  sir ;    except  when  I  was  on  a  short  visit  to  my  sister. 

Q.    Do  you  know  Captain  Bennett  Gwynn  ? 

A.    I  have  a  slight  acquaintance  with  him. 

Q.    Do  you  know  him  when  you  see  him? 

A.   Yes,  sir. 

Q.    Do  you  know  Mr.  Andrew  Gwynn  ? 

A.   Yes,  sir. 

Q.    Do  you  know  Mr.  George  Gwynn  ? 

A.    Yes,  sir. 

Q.    Did  you  know  John  Surratt  ? 

A.   I  have  seen  him  once. 

Q.  Did  you  see  any  of  those  parties  that  I  have  named  at  Dr. 
Mudd's  last  year  ? 

A.   No,  sir :  never. 

Q.    You  saw  none  of  them  there  ? 

A.   No,  sir. 

Q.  Did  you  know  of  any  one  staying  in  the  woods  near  there, 
and  being  fed  fi'om  the  house  ? 

A.    No,  sir  :  there  never  was  any  one  there  that  I  ever  heard  of. 

Q.  What  time  of  the  year  was  it  that  you  made  those  visits  that 
you  spoke  of. 

A.  It  was  in  the  winter :  last  March  twelve  months.  I  staid 
at  my  sister's  three  or  four  weeks. 

Q.  Then  you  were  at  Dr.  Mudd's  all  the  time,  pretty  much,  in 
the  spring,  summer,  and  fall? 

29* 


342  THE     TRIAL, 

A.   Yes,  sir. 

No  cross-examination. 

Augustus  S.  Howell, 

a  witness  called  for  tlie  accused,  Mary  E.  Surratt,  being  duly  sworn, 
testified  as  follows  :  — 

By  -Mr.  Aiken  : 

Q,    State  your  full  name  to  the  Court. 

A.   My  name' is  Augustus  Howell. 

Q.    Of  what  State  are  you  a  resident? 

A.    Formerly  from  oMaryland. 

Q.    Are  you  acr£uainted  with   the    prisoner   at    the    bar,   3Irs. 
Surratt  ? 

A.    Yes,  sir  :  I  am  acquainted  with  Mrs.  Surratt. 

Q.    When  did  you  first  make  her  acquaintance  ? 

A.    x\.bout  a  year  and  a  half  ago.  ^ 

Q.    Did  you  know  her  at  Surrattsville  ? 

A.    Yes,  sir. 

Q.    Will  you  state  to  the  Court  whether  you  were  present  with 
Mrs.  Surratt  in  her  parlor,  one  evening,  at  Surrattsville  ? 

A.   Yes,  sir :  I  was  there  on  one  or  two  occasions  at  Surratts- 
ville. 

Q.    Did  she  at  one  time  in  the  evening  hand  you  a  newspaper  to 
read  for  her  ? 

A.   Yes,  sir  :  I  think  she  did. 

Q.    Did  you  learn  the  fact,  at  that  time,  that  she  was  unable  to 
read  by  candle-light  ? 

A.    I  did  not  know  of  that,  or  what  was  the  cause  of  it. 

Q.    But  she  did  hand  you  a  newspaper  to  read  for  her  in  the 
evening  ? 

A.   Yes,  sir. 

Q.    Have  you  ever  been  at  her  house  in  this  city  ? 

A.    Yes,  sir  :  I  was  there  once. 

Q.    At  what  time  was  that  ? 

A.   It  was   in   February  last :    I  believe,  about  the    20th   of 
February. 


THE     TRIAL.  343 

Q.    At  wliat  time  did  you  go  there?  in  tlie  day,  or  evening? 

A.   It  was  after  dark  :  it  was  about  eight  o'clock  or  after. 

Q.    \Yas  the  gas  lit  in  the  hall  at  the  time  ? 

A.    Yes,  sir  :  I  think  it  was. 

Q.    Was  Mrs,  Surratt  able,  on  that  occasion,  to  recognize  you? 

A.  She  did  not  recognize  me  at  first,  until  I  made  myself 
known. 

Q.  How  many  times  did  you  speak  to  her  before  she  recognized 
you. 

A.  I  do  not  remember  exactly.  I  made  myself  known  to  her 
after  I  got  to  the  door. 

Q.    Was  it  more  than  once  ? 

A.   Not  that  I  remember. 

Q.    Did  you  tell  her  who  you  were  ? 

A.   Yes,  sir. 

Q.    Are  you  acquainted  with  Louis  J.  Weichmann? 

A.    Yes,  sir :  I  met  him  once,  and  on  that  occasion  only. 

Q.    How  long  did  you  remain  at  Mrs.  Surratt's  at  that  time? 

A.   I  was  there  two  days  and  upwards,  I  believe. 

Q.  What  was  your  object,  when  you  came  to  the  city,  in  going 
to  iMrs.  Surratt's  ? 

Assistant  Judge  Advocate  Bingham  objected  to  the  question, 
and  it  was  varied  as  follows  :  — 

Q.    State  to  the  Court  why  you  went  there. 

A.  I  went  there  on  a  visit  as  much  as  any  thing  else,  — nothing 
else.     I  had  no  business  there  particularly,  except  that. 

Q.    What  was  your  reason  for  not  going  to  a  hotel  ? 

A.  I  knew  them :  they  were  acquaintances  of  mine,  and  I 
thought  I  could  spend  my  time  better  there  than  I  could  at  a  hotel. 
I  was  alone. 

Q.    Were  you  short  of  money  at  the  time  ? 

A.   Yes,  sir  :  I  was  somewhat  short  of  money. 

Q.  You  had  not  sufficient  means  at  that  time  to  pay  your  ex- 
penses at  a  hotel,  had  you  V 

A.  I  do  not  think  I  had.  It  was  force  of  circumstances  that 
caused  me  to  go  there  at  all.  I  merely  called  there  because  they 
were  friends  and  acquaintances,  —  that  is  all. 


344  THE      TRIAL. 

Q.  After  you  had  made  the  aequamtance  of  Mr.  TVeichmann, 
did  you  show  him  a  cipher  while  you  were  there  ? 

A.  I  showed  him  how  to  make  a  cipher  while  I  was  there.  He 
made  it  himself. 

Q.    Weichmann  made  it  himself? 

A.   Yes,  sir. 

Q.    Was  that  a  simple  cipher,  or  a  complicated  one  ? 

A.  I  do  not  know.  It  was  the  only  cipher  that  I  have  ever 
seen.     If  I  could  see  the  cipher,  I  could  tell  you. 

Q.  [Exhibiting  to  the  witness  the  cipher  already  in  evidence, 
marked  Exhibit  No.  7.]     Was  it  like  that,  or  similar  to  it? 

A.    It  was  similar  to  it.     I  do  not  think  this  is  the  one. 

Q.   Was  it  the  same  thing? 

A.   Yes,  sir  :  it  was  hke  this ;  it  was  the  same  thing. 

Q.  Did  Mr.  Weichmann  at  that  time  give  you  any  information  in 
regard  to  the  number  of  prisoners  that  we  had  on  hand  ? 

Assistant  Judge  Advocate  Bingham  objected  to  the  question, 
inasmuch  as  Mr.  Weichmann  was  never  asked  any  question  in  rela- 
tion to  that  matter  in  his  cross-examination. 

The  question  was  waived. 

Q.  [By  Mr.  Aiken.]  Did  you  have  a  conversation  with  Mr. 
Weichmann  in  reference  to  his  going  South  V 

A.  Yes,  sir  :  I  had. 

Q.    State  what  that  conversation  was,  and  what  he  said. 

A.  I  cannot  remember  his  exact  lang-uage  ;  but  he  said  he  would 
like  to  go  South. 

Q.    What  reason  did  he  give  for  wishing  to  go  South? 

A.  He  did  not  give  any  particular  reason  that  I  know  of :  he 
did  not  state  any  particular  reason. 

Q.  Did  he  say  any  thing,  in  connection  with  his  wishes  to  go 
South,  of  his  sympathies  ? 

Assistant  Judge  x\dvocate  Bingham  objected  to  the  question, 
inasmuch  as  Mr.  Weichmann  had  not  been  asked,  on  his  cross-ex- 
amination, whether  he  had  stated  any  thing  to  Mr,  Howell  about  his 
sympathies  at  that  time  and  place. 

The  question  was  waived. 


THE     TRIAL.  345 

Q.  Did  you  have  a  conversation  with  Mr.  Weichmann  in  regard 
to  procuring  a  place  for  him  in  the  War  Department  at  Richmond, 
or  in  any  department  there  ? 

A.  No,  sir  :  he  asked  me  if  I  thought  he  could  get  a  situation 
there.  I  told  him  I  did  not  know ;  but  the  wounded  and  invalid 
soldiers  generally  had  the  preference  there.  I  did  not  talk  of  getting 
him  a  situation  there  :  he  did  not  ask  rae. 

Q.  Then,  as  expressed  to  you,  what  was  his  purpose  in  wishing 
to  go  South,  in  addition  to  that? 

A.   I  do  not  know  his  purpose  in  addition  to  that. 

Q.    But  what  did  he  say  ? 

A.  I  do  not  remember  exactly  what  he  said  in  the  whole  conver- 
sation :  I  cannot  remember  his  exact  words. 

Q.    Do  you  remember  any  portion  of  it? 

A.    He  said  that  he  intended  going  South  :  that  is  about  all. 

Q.  Did  he  state  to  you  that  all  his  sympathies  were  with  the 
South  ? 

A.  I  cannot  tell  you  any  thing  more  than  the  conversation  that 
occurred  between  me  and  Mr.  Weichmann.  We  were  talking  over 
the  matter,  and  he  said  he  wished  to  go  South,  and  intended  to  go, 
and  that  he  would  like  to  go  with  me.  I  told  him,  that,  if  he  in- 
tended going  with  me,  he  had  better  go  then,  as  I  did  not  know 
when  I  should  cross  the  river  again.  He  said  that  he  was  not 
ready  to  go  at  that  time  ;  but  as  soon  as  he  got  his  business  arranged 
he  was  going.  He  asked  me  if  I  thought  he  could  get  a  position 
in  Richmond.  I  told  him  that  I  did  not  know  whether  he  could  or 
not ;  that  the  wounded  and  invalid  soldiers  generally  had  the  pre- 
ference of  offices  there,  by  an  order  of  the  War  Department.  He 
told  me  then  that  his  sympathies  were  with  the  South,  and  that  he 
thought  it  would  ultimately  succeed.  That  is  about  the  amount  of 
the  conversation,  I  believe. 

Q,  Did  he  say  he  had  done  all  he  could  for  that  Government, 
referring  to  the  South  ? 

A.   I  believe  he  did. 

Q.    Did  he  state  that  he  was  always  a  friend  to  the  South  ? 

Assistant  Judge  Advocate  Bingham  objected  to  the  question 
as  leading. 


84G  -  THE     TRIAL. 

The  Commission  sustained  the  objection. 

Q.  While  jou  were  at  Mrs,  Surratt's,  and  in  all  the  conversation 
that  you  had  with  her,  did  you  learn  of  any  treasonable  plot  or  en- 
terprise in  existence  V 

A.   I  did  not. 

Q.  Did  John  H.  Surratt  ever  give  you  a  verbal  message  or  a 
despatch  in  wi'iting  to  caiTy  to  Richmond  ? 

A.   No,  sir  ;  he  never  did. 

Q.  Did  Mr.  Weichmann  give  you  a  full  account  of  the  prisoners 
we  had  on  hand  ? 

Assistant  Judge  Advocate  Bingham  objected  to  the  question 
as  leading ;  and  the  question  was  varied  as  follows  :  — 

Q.  Did  he,  or  did  he  not,  say  any  thing  to  "you  with  reference 
to  our  prisoners  ? 

A.   Yes,  sir ;  he  did. 

Q.    State  what  that  conversation  was. 

A.  We  had  some  conversation  in  regard  to  the  number  of  pris- 
oners on  hand ;  and  he  stated  to  me  the  number  of  prisoners  the 
United-States  Government  had,  and  the  amount  they  had  over  that 
of  the  Confederate  Government.  I  really  forget  the  number.  I 
paid  but  little  attention  to  it.  I  doubted  it  at  the  time ;  and  he 
said  it  would  not  admit  of  doubt,  that  he  had  the  books  in  his  own 
office  to  look  at.  That  is  about  all  the  conversation  there  was,  I 
believe,  between  him  and  me,  that  I  recollect. 

Cross-examined  by  Assistant  Judge  Advocate  Burnett  : 

Q.  Where  did  you  say  you  reside  ? 

A.  I  reside  principally  in  King  George's  County  •  sometimes  in 
Maryland. 

Q.  Principally  in  Prince  George's? 

A.  No,  sii' :  King  George's  County,  Ya. 

Q.  How  long  did  you  reside  there  ? 

A.  I  have  been  there,  I  believe,  for  about  two  years,  off  and  on. 

Q.  When  did  you  leave  there  ? 

A.  I  left  there  some  time  in  February,  I  think,  or  January. 

Q.  Last  February  ? 


THE     TRIAL.  347 

A.   February  or  January ;  I  disremeinber  wliich :  I  cannot  say 
positively. 

Q.    Whereabouts  did  you  reside  in  Maryland  ? 

A.   Before  the  war,  in  Prince  George's  County. 

Q.    Have  you  never  been  there  since  ? 

A.   No,  sir ;  only  when  I  would  go  home  occasionally  :  I  never 
was  there  permanently. 

Q.  Did  your  family  reside  there  ?  Did  you  reside  there  as  a 
boy? 

A.  Yes,  sir,  before  the  war,  but  have  never  lived  there  per- 
manently since. 

Q.  When  did  you  first  make  the  acquaintance  of  Mrs.  Surratt 
and  her  family  ? 

A.  I  think  it  has  been  about  a  year  and  a  half  ago  that  I  first 
made  their  acquaintance. 

Q.    Where? 

A.    Down  in  the  country,  at  their  hotel. 

Q.    About  a  year  and  a  half  ago  ? 

A.    I  think  so. 

Q.    Was  she  living  there  at  that  time? 

A.   Yes,  sir. 

Q.  Did  you  become  acquainted  with  John  H.  Surratt  there  at 
that  time  ? 

A.    Yes,  sir. 

Q.    Did  he  ever  at  any  time  accompany  you  to  Kichmond  ? 

A.    No,  sir. 

Q.   He  never  did  ? 

A.   No,  sir. 

Q.    What  has  been  your  business  for  the  last  year  and  a  half? 

Mr.  Aiken.  I  object  to  the  question.  In  the  examination  in 
chief,  the  witness  was  asked  nothing  at  all  with  reference  to  his 
business  one  way  or  the  other.  I  do  not  object  to  his  stating  it, 
if  he  wishes  to  do  so ;   but  I  do  not  think  it  is  relevant. 

Assistant  Judge  Advocate  Burnett.  We  have  a  risfht  to  know 
tbe  status  of  the  witness,  and  the  Court  has  that  riglit.  W"e  have  a 
right  to  know  what  his  employment  was,  whether  it  was  loyal  or 
disloyal,  and  whether  that  fact  was  known  to  the  family  of  Surratts, 


348  TEE     TRIAL. 

to  get  at  the  position  wliich  he  occupied  in  his  attitude  towards  the 
Government.  It  is  always  competent  to  give  to  the  Court  the  full 
status  of  the  witness  during  the  time  about  which  he  testifies.  It 
is  the  ordinary  course  of  cross-examination.  We  cannot,  of  course, 
give  the'  full  history  of  the  witness  during  the  time  about  which  his 
testimony  is  given  to  the  Court,  unless  we  can  go  into  that  history 
in  full. 

General  Wallace.  I  should  like  to  hear  the  reason  of  the 
objection. 

Mr.  Aiken.  It  is  objected  to,  first,  because  no  question  was 
asked  the  witness  in  the  examination  in  chief  in  reference  to  what 
his  business  has  been  ;  and,  secondly,  because  it  is  entu-ely  irrele- 
vant to  the  issue  now  before  us  in  every  way  and  shape. 

The  Commission  overruled  the  objection. 

Mr.  Aiken.  I  now  object  to  the  witness  answering  the  question. 
He  is  not  obliged  to  do  so  if  his  answer  will  tend  in  any  way  to 
criminate  himself  as  to  any  thing  in  which  he  has  been  engaged ; 
and,  if  he  does  not  wish  to  answer  the  question,  he  has  the  privilege 
not  to  do  it. 

Assistant  Judge  Advocate  Burnett.  If  it  is  placed  on  the 
ground  of  personal  security,  if  the  witness  claims  that  privilege  at 
the  hands  of  the  Court,  I  suppose  he  can  make  that  claim,  and  I 
will  not  press  that  portion  of  the  question . 

[  To  the  Witness.]  It  is  your  right,  and  I  apprise  you  of  it 
now,  to  claim  protection  at  the  hands  of  the  Court  against  any  mat- 
ter that  will  criminate  yourself. 

The  Witness.  I  can  answer  that  question  very  willingly.  I 
have  had  no  particular  occupation  since  I  came  out  of  the  army. 

Q.    By  Assistant  Judge  Advocate  Burnett.    What  army  ? 

A.    The  Confederate  army. 

Q.    What  portion  of  the  Confederate  army  did  you  serve  in  ? 

A.  I  was  in  the  First  Maryland  artillery  of  the  Confederate  ser- 
vice during  the  first  year  of  the  war;  up  to  July,  1862,  I  believe. 

Q.    Then  you  were  in  what  ? 

A.    I  was  not  in  any  service. 

Q.    Then  you  left  the  service  ? 

A.    Yes,  sir. 


THE      TRIAL.  349 

Q.    Were  you  mustered  out  ? 

A.    I  was  discharged  on  account  of  inability  to  stay  in  the  ser- 
vice, and  have  never  been  in  since. 

Q.    Since  that  time,  what  has  been  your  occupation  and  busi- 
ness '} 

A.    I  have  not  been  employed  at  any  particular  business  at  all. 

Q.    But  what  have  you  been  doing  ? 

A.    I  have  not  been  doing  any  thing,  scarcely. 

Q.    Have  you  or  not  since  then  made  frequent  trips  to  Piichmond  ? 

A.    I  have  been  to  Ptichmond  occasionally. 

Q.    How  occasionally '? 

A.    From  where  I  was   stopping,    in  King  George's   County,  I 
used  to  go  to  Richmond. 

Q.    How  frequently  ? 

A.   I  do  not  know  :  sometimes  once  a  month,  sometimes  once  in 
two  or  three  months. 

Q.    How  frequently  ? 

A.    I  do  not  think  I  have  been  there  but  twice  since  the  1st  of 
April  twelve  months  ago. 

Q.    You  have  been  there  but  twice  since  the  1st  of  April  twelve 
months  ago  ? 

A.   That  is  all,  to  the  best  of  my  recollection. 

Q.    Those  two  visits  were  in  what  time  in  the  year? 

A.    The  last  of  December  and  February,  I  think. 

Q.    Did  you  go  alone  in  December  ? 

A.   I  think  I  did :  there  might  have  been  some  gentleman  with 
me. 

Q.    Who  might  that  person  have  been  ? 

A.   I  do  not  remember. 

Q.    Where  did  you  cross  the  line  of  the  blockade  on  that  occa- 
sion ? 

A.    I  crossed  from  Westmoreland  County. 

Q.    Did  you  cross  the  Potomac  there  ? 

A.   Yes,  sir  :  from  Westmoreland  County. 

Q,    In  February,  who  accompanied  you  to  Richmond? 

A.    There  was  some  half  a  dozen,  I  believe,  went  to  Richmond 
with  me. 

VOL.   II.  80 


350  THE     TniAL. 

Q.    Who  were  they  ? 

A.    Principally  persons  frem  the  neighborhood  in  the  county. 

Q.    Any  persons  from  Washington  'I 

A.    No,  sir. 

Q.  AVhat  was  your  business  in  December  in  going  to  Hich- 
mond? 

A.  Nothing.  I  had  no  business  there  particularly  at  all,  more 
than  to  see  some  of  my  friends,  and  to  get  some  drafts.  Our 
Maiyland  boys  generally  sold  drafts ;  and  I  used  to  go  down  there 
occasionally  to  buy  drafts  from  them. 

Q.    Is  that  what  you  went  for  in  December  ? 

A.   That  is  what  I  went  for  in  December. 

Q.    Did  you  buy  any  drafts  V 

A.   I  think  I  did. 

Q.    On  whom  ? 

A.    Some  of  their  friends. 

Q.    On  whom? 

The  Witness.  That  would  be  implicating  others ;  and  I  do  not 
wish  to  answer  that  question.  Any  thing  relative  to  myself  I  will 
answer  willingly. 

Assistant  Judge  Advocate  Burnett.  Your  protection  on  the 
stand  only  goes  to  criminating  yourself,  —  not  as  to  others. 

Q.  [By  Assistant  Judge  Advocate  Burnett.]  You  bought 
drafts,  and  brought  them  over  here.  Were  they  upon  persons  in 
Washing-ton? 

A.  No,  sir  :  they  were  not. 

Q.  Who  were  they  upon  ? 

A.  Upon  some  of  my  friends  in  Maryland. 

Q.  Wliat  part  of  Maryland  ? 

A.  In  Prince  George's  County. 

Q.  x\ny  other  county  ? 

A.  No,  sir. 

Q  Only  in  Prince  George's  County  ? 

A.  That  is  all. 

Q.  Any  of  the  accused  ? 

A.  No,  sir :  none  of  them  at  all. 


THE      TRIAL.  351 

Q.    That  was  in  December  ? 

A.   That  was  in  December. 

Q.    What  was  your  business  in  February? 

A.  In  February,  I  went  down  to  see  some  of  my  friends  :  I  had 
no  particular  business  at  all. 

Q.    Did  you  carry  any  despatches  when  you  went  in  February? 

A.   I  never  carried  any  in  my  life. 

Q.    Did  you  take  any  goods  ? 

A.   No,  su' :  I  did  not. 

Q.    Did  you  bring  back  any  of  these  drafts  ? 

A.   I  brought  back  a  draft. 

Q.    From  whom  ? 

A.   From  a  friend  of  mine  that  was  in  the  army  there. 

Q.    How  far  did  you  ever  carry  despatches  at  any  time  ? 

A.   I  never  carried  any  in  all  my  life. 

Q.  You  say,  about  a  year  and  a  half  ago,  you  became  acquainted 
with  the  Surratt  family  ? 

A.   I  think  it  was  about  a  year  and  a  half  ago. 

Q.    How  frequently  did  you  visit  there  ? 

A.  I  do  not  know :  I  would  be  there  once  in  two  months, 
probably ;  and  then  it  would  be  more  than  that  before  I  would  be 
there  a2:ain. 

Q.  Are  you  sure  that  you  never  were  at  Richmond  but  those 
two  times  since  a  year  ago  in  April  ? 

A.  I  think  those  were  the  only  times  I  have  been  there  since 
that  time.    • 

Q.  How  often  were  you  at  Richmond  after  you  first  became 
acquainted  with  the  Surratts  ? 

A.  I  do  not  know  how  long  it  has  been.  I  went  there  the  first 
year  of  the  war ;  and,  when  I  came  back  again,  I  got  acquainted 
with  them  by  stopping  at  their  hotel.  That  is  the  way  I  made  their 
acquaintance. 

Q.  How  frequently  during  that  year  and  a  half  have  you  been 
at  the  Surratt  House  ? 

A.   I  do  not  know  now. 

Q.  How  frequently  have  you  been  at  Richmond  since  you  have 
been  at  the  Surratt  House  ? 


352  THE     TRIAL. 

A.   I  do  not  know. 

Q.    How  many  times  would  you  tliink  approximately  ? 

A.    About  half  a  dozen  times,  maybe. 

Q.  You  say  that  Mr.  Weichmann  spoke  to  you  about  getting 
him  a  place  at  Richmond  ? 

A.    No,  sir  :  I  did  not. 

Q.    Did  he  not  ? 

A.   No,  sir. 

Q.    Did  he  speak  to  you  about  going  to  Richmond? 

A.   He  spoke  to  me  about  going  to  Richmond. 

Q.  Did  he  say  any  thing  to  you  about  getting  him  an  office  in 
the  War  Department  in  Richmond  ? 

A.    He  did  not  ask  me  to  get  him  an  office. 

Q.  Did  he  say  any  thing  to  you  about  getting  him  an  office  in 
the  War  Department  in  Richmond  ? 

A.   No,  sir. 

Q.  How  did  he  come  to  speak  about  affairs  in  Richmond  ? 
Were  you  talking  about  Pdchmond  V 

A.   He  knew  I  was  from  there.    - 

Q.    Had  you  stated  it  to  him  ? 

A.   I  do  not  know  that  I  did. 

Q.    How  did  he  learn  it,  then? 

A.   We  were  talking  about  affairs  there. 

Q.    How  did  he  learn  it? 

A.   He  understood  so  from  my  conversation,  of  course. 

Q.    Where  were  you  when  this  conversation  took  place  ? 

A.   In  his  room,  occasionally,  and  sometimes  on  the  street. 

Q.    Where  was  that  room  ? 

A.    He  occupied  a  room  at  Mrs.  Surratt's. 

Q.  Was  any  person  else  present  when  you  had  this  conversa- 
tion ? 

A.    Not  that  I  know  of :  I  think  not. 

Q.  Did  you  have  any  talk  with  John  H.  Surratt  about  being  at 
R^ichmond  ? 

A.   I  mio-ht  have  talked  to  him  about  affairs  at  Richmond,  being 

there. 

Q.    Did  you  or  did  you  not  talk  about  affairs  there  ? 


THE     TRIAL.  353 

A.    Possibly  I  did. 

Q.    Did  you  ? 

A.  I  disremember  :  I  cannot  say  positively  what  conversation  I 
had  with  him. 

Q.    Mr,  Weichmann  knew  that  you  had  been  there  ? 

A.   I  judged  he  did. 

Q.    You  do  not  think  you  informed  him  ? 

A.  I  do  not  know  whether  I  informed  him  or  not :  I  will  not 
say  positively  whether  I  informed  him  or  not. 

Q.  I  will  ask  you  whether  or  not  that  has  been  your  business 
substantially  for  the  last  year  and  a  half,  —  going  to  and  from 
Richmond  ? 

A.  No,  su' :  that  was  only  because  I  chose  to  do  it,  —  that  was 
all ;  not  any  business. 

Q.  Have  you  had  any  other  occupation,  or  done  any  thing  else 
really  for  your  support,  but  to  make  these  trips  ? 

A.    Yes,  sir  :  I  have. 

Q.    What  else  ? 

A.  I  have  been  speculating  occasionally  over  in  Virginia ;  not 
to  any  great  extent,  though. 

Q.    Whereabouts  in  Virginia  ? 

A.   In  King  George's  County. 

Q.    Were  you  not  known  by  your  Mends  as  a  blockade-runner? 

A.   I  do  not  know. 

Q.    You  do  not  know  that  ? 

A.  I  do  not  know  whether  I  was  known  as  a  blockade-runner 
or  not. 

Q.    You  do  not  know  that  ? 

A.   No,  sir. 

Q.  What  name  did  you  go  by  besides  the  one  you  have  given 
here  in  Court? 

A.  Some  of  my  friends  used  to  call  me  Spencer ;  but  I  never 
went  by  any  other  name  except  my  proper  name. 

Q.    Did  you  or  not  ever  give  your  name  as  Spencer? 

A.    Not  to  any  stranger. 

Q.    What  name  where  you  known  by  at  the  Surratt  House  ? 

A.   My  proper  name,  I  suppose. 

30* 


854  THE     TRIAL. 

Q.  What  name  did  you  first  give  tbe  reporters  wlien  you  were 
called  on  the  stand  to-day? 

A.   Howell,  I  believe. 

Q.    What  is  the  balance  of  the  name  ? 

A.   Augustus  Howell. 

Q.    Any  thing  else  ? 

A.    A.  S.  Howell.     I  generally  write  my  name  A.  S.  Howell. 

Q.    What  is  the  "S"for? 

A.    Spencer. 

Q.    Why  did  you  not  give  that  when  you  were  under  oath  ? 

A.  I  do  not  know  :  I  was  not  particular  in  the  name.  He 
asked  me  what  my  name  was,  and  I  told  him. 

Q.    Is  Spencer  your  name  ? 

K.  It  is  one  of  my  names.  It  is  not  used  generally,  except 
sometimes  by  my  friends. 

Q.  Then  did  you  give  your  correct  name  when  you  said  it  was 
Auo'ustus  Howell? 

A.    Yes,  sir  :  that  is  my  correct  name. 

Q.    Then  is  "  Augustus  Spencer  "  your  correct  name  ? 

A.   A.  S.  Howell. 

Q.    What  is  your  correct  name,  your  full  name? 

A.  A.  S.  Howell.  I  very  seldom  use  the  "Spencer"  in  it, 
though. 

Q.    Is  that  your  full  name  ? 

A.  My  friends  call  me  "  Spencer ;  "  and  strangers,  if  they  were 
by,  might  possibly  have  thought  that  was  my  name.     . 

Q.    How  long  have  you  had  the  name  of  "  Spencer  "  ? 

A.    For  some  time  :  I  do  not  know  how  long. 

Q.    Was  it  given  to  you  in  infancy  ? 

A.    Some  of  my  friends  used  to  call  me  that. 

Q.    Were  you  named  in  infancy  "  Augustus  Spencer  Hov/ell  "  ? 

A.    I  do  not  know. 

Q.    Since  how  long  have  you  had  that  name? 

A.    My  friends  generally  call  me  that. 

Q.  I  am  not  asking  you  what  your  friends  call  you  :  you  know 
your  own  name. 

A.   That  is  my  name  :  I  have  told  you  so. 


THE     TRIAL.  355 

Q.    Did  you  give  to  this  Court  the  name  of  iVugustus  Spencer 
Howell  ? 

A.   I  gave  you  the  name  of  A.  S.  Howell. 

Q.    I  want  you  to  give  to  the  Court  what  your  name  is. 

A.   My  name  is  what  I  told  you. 

Q.   Give  it  to  the  Court. 

A.   I  gave  it  to  the  Court :  my  name  is  A.  S.  Howell. 

Q.    Is  that  all  your  name  ? 

A.    That  is  my  name. 

Q.    Or  are  those  the  initials  of  your  name  ? 

A.   The  initials,  of  course. 

Q.    Now,  what  is  it  in  full? 

A.  My  name  is  A.  S.  Howell,  —  Augustus  S.  Howell :  I  gener- 
ally write  it  short,  "A.  S.  Howell." 

Q.    Did  you  not  swear  that  it  was  Augustus  Howell  ? 

A.  I  very  seldom  use  the  "  S  "  in  my  name,  and  very  frequently 
had  the  name  of  Augustus  Howell ;  but  my  proper  name  is  A.  S. 
Howell. 

Q.    You  are  known  by  the  name  of  "  Spencer  "  occasionally? 

A.   None  except  my  friends  call  me  that.  • 

Q.    When  running  the  blockade,  what  name  did  you  go  by? 

A.   Howell,  generally.' 

Q.    When  and  where  were  you  arrested  ? 

A.   I  was  arrested  in  Prince  George's  County. 

Q.    When? 

A.   In  March  last,  I  believe. 

Q.    What  were  you  doing  there  then  ? 

A.    I  was  not  doing  any  thing. 

Q.    How  recently  had  you  come  from  Richmond  then? 

A.  I  do  not  think  I  had  been  to  Richmond  then  for  about  three 
weeks. 

Q.  Do  you  remember  the  time  in  March  that  you  were 
arrested  ? 

A.  I  think  it  was  about  the  20th,  or  between  the  20th  and  25th  ; 
somewhere  along  there. 

Q.  When  you  went  to  Richmond  in  February,  can  you  remem- 
ber the  names  of  the  persons  who  accompanied  you  ? 


356  THE     TRIAL. 

A.  There  was  a  young  man  by  tlio  name  of  Fow  wlio  accompa- 
nied me  in  February. 

Q.    Did  any  persons  from  this  city  accompany  you? 

A.   No,  su* :  not  residents  of  this  city. 

Q.    None  from  this  city  ? 

A.   No,  sir. 

Q.    Any  from  Maryland? 

A-.  No,  sir.  I  met  with  these  parties  in  IMaryland :  but  they 
were  not  from  ^Maryland  originally ;  they  were  from  Vii'ginia. 

Q.    All  of  them? 

A.  Yes,  SU' :  I  believe  they  were  from  Virginia,  or  farther 
South. 

Q.  Where  did  you  get  the  cipher  that  you  have  testified  to  in 
court  ? 

A.  I  have  been  acquainted  with  that  cipher  for  some  six  or  seven 
years. 

Q.    Where  did  you  get  it  ?  and  when  ? 

A.   I  learned  it  out  of  a  magician's  book. 

Q.    Did  you  see  that  cipher  in  the  South  when  you  were  there  ? 

A.   I  do  not  remember  that  I  have. 

Q.    What  did  you  use  it  for  ? 

A.   I  never  had  any  use  for  it. 

Q,    You  never  did  have  any  use  for  it  ? 

A.   No,  sir. 

Q.    And  never  used  it  ? 

A.   No,  sir. 

Q.    What  were  you  carrying  it  for  ? 

A.   I  never  carried  the  cipher. 

Q.    You  never  did  carry  it  ? 

A.   No,  sir :  I  could  sit  down  and  make  it  in  twenty  minutes. 

Q.    You  would  sit  down  and  make  it  in  twenty  minutes  ? 

A.    Certainly,  if  I  wished  to  do  so. 

Q.    Did  you  ever  teach  that  cipher  to  John  H.  Surratt? 

A.   No,  sir :  I  did  not. 

Q.  When  you  were  at  the  Surratt  house,  did  you  ever  meet  a 
person  there  by  the  name  of  3Irs.  Slater  ? 

A.   No,  sn  :  I  never  met  her  there. 


THE     TRIAL.  357 

Q.  Or  a  person  that  went  by  that  name  ? 

A.  I  never  met  her  at  Mrs.  Surratt's. 

Q.  Where  did  you  meet  her? 

A.  I  met  a  lady  by  that  name  in  Washington. 

Q.  Where? 

A.  She  came  in  front  of  Mrs.  Surratt's  house. 

Q.  When? 

A.  That  was  in  February. 

Q.  About  what  time  in  February? 

A.  I  think,  between  the  20th  and  22d  ;  somewhere  along  there. 

Q.  Did  you  have  any  conversation  with  her  ? 

A.  Yes,  sir :  I  did. 

Q.  Did  she  accompany  you  to  Richmond  ? 

A.  Partly. 

Q.  Whereto? 

A.  We  went  to  Virginia  together. 

Q.  Did  she  ever  come  back  with  you  ? 

A.  I  happened  in  with  her  accidentally,  and  we  came  back  again 
together. 

Q.  When? 

A.  That  was  in  February. 

Q.  AVhere  did  you  meet  her  coming  back? 

A.  I  think  it  was  in  Westmoreland  County  that  I  fell  in  with 
her. 

Q.  Do  you  know  what  the  object  of  her  visit  to  Kichmond  was? 

A.  I  do  not. 

Q.  Or  to  the  Confederacy? 

A.  I  do  not.  It  was  the  first  time  I  ever  saw  her,  and  I  did  not 
inquire  into  her  private  business. 

Q.  The  first  time  you  saw  her  was  in  front  of  the  Surratt  house  ? 

A.  No,  sir :  I  saw  her  before  that. 

Q.  Where  before  ? 

A.  The  time  I  speak  of  meeting  her  in  Westmoreland  County, 
Va. 

Q.  That  was  before  ? 

A.  Yes,  sir. 

Q.  When  was  that  ? 


358  THE     TRIAL. 

A.  That  was  in  Feliruary  last. 

Q.  Was  it  subsequent  or  before  the  time  that  you  met  her  at 
Mrs.  Surratt's? 

A.  Before. 

Q.  Now  you  say  you  met  her  at  the  Surratt  house  :  when  ? 

A.  It  was  in  Febniary  when  I  met  with  her. 

Q.  On  the  Potomac? 

A.  No,  sir. 

Q.  When  was  it  that  you  met  her  on  the  Potomac  ? 

A.  About  the  first  of  Februaiy,  I  think. 

Q.  Did  you  come  here  together? 

A.  No,  sir. 

Q.  Where  did  she  go  ? 

A.  She  went  North. 

Q.  You  do  not  know  where  to  ? 

A.  No,  sir  :  she  went  to  New- York  City,  and  I  do  not  know 

where  she  went  from  there. 

Q.  Did  you  accompany  her  any  distance  ?  -   * 

A.  No,  sir  ;  only  across  the  river. 

Q.  You  met  ber  again  in  front-  of  Mrs.  Surratt's  house  ? 

A.  Yes,  su*. 

Q.  Did  she  go  into  Mrs.  Surratt's? 

A.  No,  sir  :  she  staid  in  the  buggy ;  she  did  not  get  out. 

Q.  Who  was  with  her  ? 

A.  There  was  a  young  man  with  her,  who  came  around  from  the 

town,  and  hired  the  buggy ;  and  I  got  in  the  buggy  with  her. 

Q.  Who  was  that  young  man  ? 

A.  Mr.  Surratt. 

Q.  John  H.  Surratt? 

A.  Yes,  sir. 

Q.  Did  she  aftei-wards  go  in  the  house  ? 

A.  No,  sir  :  I  went  right  out  of  town. 

Q.  To  your  knowledge,  sbe  did  not  get  out  of  the  buggy? 

A.  No,  sir. 

Q.  How  long  did  you  stay  at  Surratt's  that  time? 

A.  About  two  days,  or  two  days  and  a  half;  somewhere  along 
there. 


THE     TRIAL.  359 

Q.  Did  you  bavo  any  conversation  with  parties  there  about  your 
Richmond  trip  ? 

A.   Not  particularly,  that  I  know  of. 

Q.    Well,  generally? 

A.   No,  sir  :  I  do  not  think  I  had. 

Q.    You  did  not  talk  any  thing  about  it  ? 

A.   Not  that  I  know  of. 

Q.    To  any  person  ? 

A.   I  remember  having  a  talk  with  Mr.  Weichmann. 

Q.    Nobody  else  ? 

A.  Not  that  I  know  of.  I  told  them  I  had  been  to  Richmond, 
or  they  knew  it. 

Q.    How  do  you  know  they  knew  it  ? 

A.   They  knew  me  very  well,  and  knew  where  I  was  from. 

Q.    Did  they  know  your  business  ? 

A.   I  do  not  know  that  they  knew  my  business. 

Q.    They  knew  you  had  been  going  to  and  from  Richmond? 

A.   I  do  not  know  whether  they  did  or  not. 

Q,    You  have  just  said  that  they  knew  you  very  well. 

A.  They  knew  I  was  from  Richmond ;  but  they  did  not  know 
that  I  was  just  from  there  on  that  occasion. 

Q.    They  knew  you  were  from  Richmond  at  some  time  ? 

A.   I  suppose  they  did. 

Q.    Did  you  have  any  conversation  with  Mrs.  Surratt? 

A.    Yes,  sir. 

Q.    About  the  matter  ? 

A.   I  do  not  know  that  it  was  particularly  about  that  matter. 

Q.    She  knew  that  you  were  from  Richmond  ? 

A.   I  judged  she  did. 

Q.    Did  you  ever  meet  Mrs.  Slater  in  Richmond  ? 

A.   Yes,  sir. 

Q.    When? 

A.   In  February  :  the  last  of  February,  I  think. 

Q.    After  you  met  her  at  Mrs.  Surratt's? 

A.   Yes,  sir. 

Q.  After  you  saw  her  with  John  H.  Surratt,  in  front  of  Mrs. 
Sui'ratt's  house  ? 


360  THE      TRIAL. 

A.   Yes,  sir. 

Q.    She  went  directly  from  there,  with  John  H.  Surratt,  to  E.ich- 
mond,  did  she  not  ? 
''A.   I  do  not  know. 

Q.    You  do  not  know  whether  slie  accompanied  John  H.  Surratt 
on  the  23d  of  March? 

A.   No,  sir. 

Q.    You  do  not  know  whether  she  was  witli  him  subsequently? 

A.   No,  sir.  .^ 

Q.    Do  you  know  what  her  business  in  Richmond  was  at  the  time 
you  went  with  her? 

A.   No,  sir  :  she  did  not  make  known  to  me  her  private  business, 
and  I  did  not  inquire. 

Q.    You  only  know,  that,  soon  after  you  saw  her  in  front  of  3Irs. 
Surratt's  house,  you  met  lier  in  Fdchmond  ? 

A.   Yes,  sir. 

Q.    And  that  at  that  time  she  was  with  John  H.  Surratt  ? 

A.   She  came  in  front  of  the  house  in  a  buggy  with  John  H. 
Surratt. 

Q.    You  do  not  know  whether  she  was  at  3Irs.  Surratt's  subse- 
quently to  that  ? 

A.   No,  sir. 

Q.    You  do  not  know  whether  she  stopped  there  subsequently 
one  or  several  days  ? 

A.   No,  sir. 

Q.    You  do  not  know  that  fact  ? 

A.   No,  sir. 

Q.    What  other  friends  of  yours  in  E.ichmond  did  you  ever  meet 
at  Mrs.  Surratt's  ? 

A.   I  do  not  think  I  ever  met  any. 

Q.    Did  you  ever  meet  3Ir.  Booth  there  ? 

A.   No,  sir. 

Q.    Do  you  remember  meeting  Atzerodt  or  Herold  there  ? 

A.   I  think  Atzerodt  was  at  Mrs.  Surratt's  during  the  time  I  was 
there, 

Q.    During  the  time  you  were  there  in  February? 

A.   Yes,  sir. 


THE     TRIAL.  861 

Q.    Do  you  know  how  he  came  to  be  there  ? 

A.   I  do  not :  I  only  know  I  saw  him  there. 

Q.    Did  you  see  Wood  or  Payne  there  ? 

A.   I  never  saw  him  before. 

Q.    How  many  of  these  prisoners  have  you  ever  seen  before  ? 

A.   I  do  not  think  I  have  seen  but  two. 

Q.    Which  two? 

A.   Dr.  Mudd  and  Mr.  Atzerodt. 

Q.    Where  did  you  meet  Dr.  Mudd  ? 

A.   I  used  to  meet  him  in  Bryautown  occasionally,  when  I  would 
be  down  there. 

Q.    State  when  your  acquaintance  with  Dr.  IMudd  first  com- 
menced. 

A.   I   have   known  Dr.    Mudd   some   time,  —  not   intimately, 
though.     I  have  not  seen  him  of  late  years  much. 

Q.    Did  you  bring  any  of  tbuse  drafts  from  Virginia  to  Dr. 
Mudd  ? 

A.   I  did  not. 

Q.   Did  he  send  any  mo^^^'^A  hj  you  to  Richmond  ? 

A.   Never. 

Q.    Did  you  bring  ar;y  back  to  him  ? 

A.   None  at  all. 

Q.    How  frequently  have  you  stopped  at  his  house  ? 

A.   I  have  not  made  his  Louse  a  stopping-place  at  all. 

Q.    Have  you  ever  been  to  his  house  ? 

A.   I  think  I  have  been  a.t  his  house. 

Q.    When? 

A.   I  think,  over  a  year  ago. 

Q.    Was  it  when  you  were  coming  from,  or  going  to,  Richmond  ? 

A.   I  was  not  going  to  Kichmond ;  I  had  been  over  here  some 
time. 

Q.    Were  you  on  your  wa;^  to  Richmond  when  you  stopped 
there  ? 

A.   I  was  not. 

Q.    How  long  had  you  beeri  from  Richmond? 

A.   Soma  time. 

Q.    How  Soon  aft-br  50U  saw  him  did  you  go  to  R,ichmond  ? 

VOL,.   IL  81 


362  THE     TRIAL. 

A.   I  cannot  say  particularly  wlien :  I  used  to  stay  over  here 
then,  and  was  not  particularly  anxious  to  get  to  Richmond. 

Q.    How  long  did  you  stay  with  Dr.  Mudd  ? 

A.  I  do  not  think  I  was  there  more  than  an  hour  or  two,  — > 
something  like  that. 

Q.    Did  you  take  dinner  with  him? 

A.   No,  sir  :  I  did  not. 

Q.    What  did  yoii  go  there  for  ? 

A.  I  had  no  business  with  him  :  I  only  went  up  there  to  get 
him  to  get  a  pistol  I  had  lost. 

Q.   Where  did  you  lose  it  ? 

A.  I  left  it  in  a  house  in  Biyantown ;  and  I  asked  him  to  go 
there  and  get  it  for  me. 

Q.    Did  he  get  it  for  you  ? 

A.   He  did  not. 

Q.    Why  did  he  not  ? 

A.   I  do  not  know :  I  did  not  see  him  afterwards. 

Q.    You  asked  him  if  he  would  get  it  for  you  ? 

A.   I  did. 

Q.    Why  did  you  not  go  and  get  it  at  Bryantown  ? 

A.  I  was  going  up  the  country,  and  I  did  not  miss  it  until  I 
♦fas  passing  near  Dr.  Mudd's  place.  His  was  the  nearest  house ; 
and  I  went  into  the  house,  and  asked  him  to  go  to  Bryantown  and 
get  it  for  me.  He  did  not  get  it  for  me  :  it  was  got  by  another 
gentleman. 

Q.  Now  I  will  recur  to  the  question  I  asked  ycru  before,  and  I 
want  an  answer.  Who  drew  the  drafts  in  Richmond  that  you 
brought  here?  and  upon  whom  were  they  drawn,  and  the 
amount  ? 

A.  I  believe  I  bought  one  draft  from  young  Maniott,  on  his 
sister. 

Q.    What  was  the  amount  of  the  draft  ? 

A.   A  couple  of  hundred  dollars. 

Q.    Where  does  she  live  ? 

A.   In  Prince  George's  County,  Md. 

Q.    Who  else  ? 

A.   I  bought  a  di'aft  from  young  Tolson. 


THE     TRIAL.  363 

Q.  Did  you  take  that  money  back  from  Miss  Marriott  to  her 
brother  ? 

A.   It  has  never  been  collected. 

Q.    Have  you  got  that  draft  ? 

A.  I  have  got  it  yet :  it  is  down  somewhere  in  Prince  George's 
County  with  my  papers  :  I  have  not  got  it  with  me. 

Q.    On  whom  was  the  draft  from  Tolson  ? 

A.    On  his  mother. 

Q.    How  much? 

A.   $25,  I  think. 

Q.    Did  you  collect  that  ? 

A.   No,  sir  :  neither  was  collected. 

Q.  Now  state  what  drafts  you  received  from  Richmond  that  you 
collected. 

A.  I  never  received  any  drafts  of  any  account  from  there,  ex- 
cept in  the  manner  I  spoke  of. 

Q.    State  all  of  them  that  you  got  there  and  brouglit  here. 

A.  I  think  I  got  a  draft  from  a  young  man  by  the  name  of 
Chew,  on  his  brother,  in  xinne  Arundel  County,  on  one  occasion, 
which  I  got  the  money  on. 

Q.    Did  you  pay  those  parties  for  those  drafts  originally? 

A.   Yes,  sir  :  I  did.     I  paid  them  when  I  got  the  drafts. 

Q.  Take  the  $200  draft :  do  you  recollect  what  you  paid  for 
that? 

A.    I  think  I  paid  eight  for  one. 

Q.    What  do  you  mean  by  that  ? 

A.   Eight  dollars  for  one,  —  $800  for  $100. 

Q.  Do  you  mean  $800  of  Confederate  money  for  a  $103  draft 
on  persons  here  ? 

A.   Yes,  sir. 

Q.    And  you  never  got  the  money  on  those  drafts? 

A.   They  have  never  been  paid. 
.  Q.    What  drafts  did  you  bring  to  this  city  ? 

A.   I  never  brought  a  draft  to  this  city. 

Q.    Are  you  sure  of  that  ? 

A.    I  am  sure  of  that. 

Q.    What  drafts  did  you  bring  to  Baltimore  ? 


364  THE     TRIAL. 

A.   I  never  carried  any  to  Baltimore. 
Q.    None  drawn  on  Baltimore  ? 
A.    I  never  bought  one  on  any  parties  in  Baltimore. 
Q.    Any  on  parties  in  Charles  County  ? 
A.   I  never  bought  any  on  Charles  County. 
Q.    Have  you  any  of  those  drafts  yet? 

A.   They  are  in  the  country  somewhere  ;  I  do  not  know  where  : 
I  have  not  got  them  with  me. 

Q.    What  did  you  do  with  them  ? 

A.   I  left  them  in  the  country. 

Q.    Where? 

A.    In  Prince  George's. 

Q.    At  whose  house  ? 

A.    I  left  them  with  my  sister. 

Q.    What  is  her  name  ? 

A.    Mrs.  Langley  has  them,  if  I  am  not  mistaken. 

Q.    All  that  are  uncollected  ? 

A.    I  think  she  has.     I  do  not  know  whether  she  has  or  not. 

By  the  Court  : 

Q.    Have  you  ever  taken  the  oath  of  allegiance  to  the  Govern- 
ment of  the  United  States  ? 
A.   No,  sir  :  I  never  have. 

By  Mr.  Ewing  : 

Q.  Did  your  family,  or  some  portion  of  it,  live  about  Bryantown 
before  the  war  ? 

A.  Not  since  I  was  very  small.  They  have  lived  principally 
—  indeed  all  of  them — -in  Prince  George's  County. 

Q.    Were  you  about  Bryantown  much  before  the  war? 

A.    I  was  raised  in  the  county. 

Q.    And  you  had  seen  Dr.  Mudd  about  there  before  the  war  ? 

A.    Oh,  yes,  sir  ! 

Q.  Have  you  ever  been  at  Dr.  Mudd's  house  since  the  war  com- 
menced at  any  other  time  than  the  occasion  of  which  you  spoke  ? 

A.  I  do  not  think  I  have  been.  I  just  made  a  call  there  under 
the  circumstances  of  which  I  spoke,  in  connection  with  the  pistol. 


THE     TRIAL.  365 

Q.    You  had  no  other  business  of  any  kind  with  Dr.  Mudd  ? 

K.   None  at  all  whatever. 

Q.  You  had  no  communication  with  him,  except  in  regard  to 
that  pistol  ? 

A.  That  was  all.  His  beins;  the  nearest  house  when  I  missed 
the  pistol  was  the  reason  I  went  there. 

Q.    You  had  left  Bryantown,  and  were  going  on  —  where  to  ? 

A.   I  was  coming  up  to  Prince  George's. 

Q.    And  your  road  took  you  near  by  Dr.  Mudd's  house  ? 

A.   Within  about  five  hundred  yards  of  it,  I  believe. 

By  jMr.   Clampitt  : 

Q.  Did  you,  or  did  you  not,  become  acquainted  with  Mrs.  Sur- 
ratt  from  the  fact  of  stopping  at  the  public-house  kept  on  the  prem- 
ises of  Mrs.  Surratt,  at  Surrattsville  ? 

A.  Yes,  sir :  that  is  the  way  my  acquaintance  came  with  the 
family. 

Q.    Were  not  others  in  the  habit  of  stopping  at  that  house  ? 

A.   Yes,  sir;  numbers. 

Q.    It  is  a  public-house  ? 

A.   Yes,  sir. 

By  Assistant  Judge  Advocate  Burnett  : 

Q.  You  say  the  conversation  between  you  and  Weichmann  took 
place  up  stairs,  in  his  room  ? 

A.  I  think  a  portion  of  it  did.  I  am  not  satisfied  that  all  of  it 
took  place  in  his  room. 

Q.    Was  there  any  other  person  present? 

A.   I  do  not  think  there  was. 

Q.    Repeat  all  the  conversation. 

A.   I  do  not  recollect. 

Q.  What  makes  you  now  remember  that  conversation  with  him 
any  more  than  your  conversation  with  other  members  of  the  family 
at  the  Surratt  house  ? 

A.   It  was  asked  me  pointedly. 

Q.  And  this  is  the  only  way  you  came  to  recollect  it?  I  asked 
you  pointedly  about  the  conversations  you  had  with  jMrs.  Surratt 

31* 


366  THE     TRIAL. 

and  Miss  Surratt,  and  you  could  not  remember  any  of  them.  Why 
do  you  remember  this  conversation  with  Weichmann  with  more 
particularity  than  the  others  ? 

A.  Nothing  more  than  they  asked  me  questions  as  to  it,  and  it 
occurred  to  my  memory, 

Q.  Now  give  to  the  Court  in  full  what  was  said  in  that  conver- 
sation. 

A.   I  believe  I  stated  before  all  I  can  remember. 

Q.    Just  repeat  to  the  Court  the  words  as  they  occurred. 

A.   He  was  speaking  to  me  about  going  to  Richmond. 

Q.  Well,  what  did  he  say?  Use  his  words  as  near  as  you  can 
remember. 

A.  He  said  that  he  would  like  to  go  to  Eichmond  with  me.  I 
told  him,  that,  if  he  wished  to  go  to  Richmond  with  me,  he  had 
better  go  then  :  I  did  not  know  when  I  would  go  again.  He  said 
he  was  not  ready  to  go  at  that  time ;  that,  as  soon  as  he  got  his 
arrangements  made,  he  intended  to  go.  He  also  asked  me  if  I 
thought  he  could  get  a  clerkship  there.  I  told  him  that  I  did  not 
know ;  that  the  clerkships  generally  were  given  to  the  wounded 
and  invalid  soldiers  there  by  an  order  from  the  War  Department ; 
that  I  was  not  certain  whether  he  could  get  a  clerkship  there 
or  not.  He  went  on  to  say  that  his  sympathies  were  with  the 
South. 

Q.  Do  not  tell  us  "he  went  on  to  state,"  but  tell  us  what  he 
said. 

A.   I  cannot  remember  his  conversation  exactly. 

Q.  You  have  stated  heretofore  what  his  words  were  :  now  give 
the  words  he  used  as  to  that  matter. 

A.  I  can  give  nothing  more  than  the  substance  of  his  conversa- 
tion ;  that  is  all. 

Q.  What  did  he  say  about  his  sympathies  being  with  the 
South  ? 

A.  He  only  said  that  his  sympathies  were  with  the  South  ;  that 
was  all. 

Q.    That  was  all  he  said  on  that  point? 

A.    Yes,  sir ;  all. 

Q.    He  knew  that  you  sympathized  with  the  South  ? 


THE     TRIAL.  367 

A.   I  do  not  know  what  he  knew  about  the  matter. 

Q.  Had  you  not,  in  talking  about  the  matter,  called  the  South- 
ern side  your  side  ? 

A.   Of  course,  as  being  from  there,  I  claimed  it  as  my  side. 

Q.  Then  he  knew  that  you  sympathized  with  that  side,  did  he 
not? 

A.  He  might  have  thought  so,  no  doubt.  I  do  not  know  that 
he  knew. 

'  Q.    Is  that  all  that  he  said  about  his  sympathies  being  with  the 
South  ? 

A.   I  do  not  remember  any  thing  more. 

Q.  That  is  all  he  said,  —  simply  that  his  sympathies  were  with 
the  South  V 

A.   That  is  all  I  can  recollect. 

Q.  Did  he  say  that  they  were  then  with  the  South,  or  that  they 
had  been  ? 

A.   I  think  he  said  they  were  then. 

Q.    You  think  he  said  they  were  then  with  the  South? 

A.   Yes,  sir. 

Q.  Did  you  have  any  other  talk  with  him  in  reference  to  politi- 
cal topics  then  or  at  any  other  time  ? 

A.  I  do  not  remember  exactly  whether  I  had  or  not.  I  do  not 
know  the  fact. 

Q.  Do  you  know  the  fact  that  he  belonged  to  a  company  for  the 
defence  of  Washington,  and  that  he  had  had  a  quarrel  in  the  house 
with  the  family  there  because  he  was  loyal,  and  they  were  disloyal  ? 

Mr.  Aiken.  The  witness  has  not  testified  that  they  were  dis- 
loyal. 

Assistant  Judge  Advocate  Burnett.  I  am  asking  whether  he 
knew  that  Weichmann  maintained  the  cause  of  the  Union,  and,  by 
reason  of  that,  had  quarrels  with  members  of  the  household. 

A.   I  never  heard  that  talked  of. 

Q.    Was  nothing  said  about  it  at  the  time  ? 

A.   Not  a  particle. 

Q.    Had  you  heard  any  thing  about  it  in  the  house  ? 

A.   I  had  not. 


368  THE     TRIAL.  -. 

Q.  Did  you  not  know  that  one  of  the  ladies  of  the  house  struck 
him  in  the  quarrel,  it  ran  so  high  at  one  time  ? 

A.   No,  sir. 

Q.  You  did  not  hear  that  that  was  done  because  he  wore  hlue 
pants  ? 

A.   No,  sir. 

Q.    Did  you  notice  that  he  wore  blue  soldier  pants  in  the  house? 

A.   I  do  not  think  he  had  blue  pants  on  while  I  was  there. 

Q.    Did  you,  at  any  time,  see  him  wear  blue  pants  there  ? 

A.   I  never  saw  him  but  that  one  time. 

Q.  Still  he  stated  to  you,  that  one  time,  that  his  sympathies  were 
with  the  South  ? 

A.   I  think  he  did. 

Q.  Do  you  know  that  he  was  trying  to  do  more  than  glean  from 
you  who  you  were  ? 

^A.   I  do  not  know  what  his  intention  was.     His  conversation 
with  me  was  voluntary  on  his  part ;  not  asked  for  by  me. 

Q.  Do  you  not  know  now  that  the  fact  was,  that  he  was  trying 
to  get  out  of  you  your  business  for  the  purpose  of  turning  you  over 
to  the  military  authorities  ? 

A.   If  so,  he  did  not  succeed. 

Q.    That  was  all  the  conversation  that  occurred  at  that  time  ? 

A.   All  that  I  recollect. 

Q.  You  do  not  know  that  he  belonged  to  a  military  company 
here  for  the  defence  of  Washington  ? 

A.   I  do  not  positively  know  that  he  did. 

By  Mr.  Aiken  : 

Q.  Did  or  did  not  Mr.  Weichraann  in  that  conversation  state 
that  he  had  done  all  he  could  for  the  South  ? 

A.   I  think  he  did  speak  of  it. 

Q.  Did  he  or  not  say  that  he  had  always  been  a  friend  of  the 
South  ? 

A.   If  he  did,  I  disremember. 

Q.    Think  a  moment. 

A.  I  do  not  know  the  exact  words  Mr.  Weichraann  used  to  me  : 
I  cannot  recall  them  all. 


THE     TRIAL.  369 

Q.  Did  he  or  not  express  himself  to  you  as  a  friend  of  the 
South  ? 

A.   He  expressed  himself  in  that  way. 

Q.    And  as  a  Southern  secesh  sympathizer  would  ? 

A.  He  expressed  himself  as  a  Southern  man  or  a  sympathizer. 
I  do  not  know  his  exact  language  :  I  cannot  recall  it  all. 

Eli  D.  Edmonds,  U.  S.  N., 

a  witness  called  for  the  accused,  David  E.  Herold,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Stone  : 

Q.  Captain,  do  you  know  David  E.  Herold,  one  of  the  pris- 
oners ? 

A.   I  do. 

Q.  Will  you  state  whether  he  was  or  was  not  in  this  city  on  the 
20th  of  February  last  ? 

A.  I  saw  him  on  the  20th  and  21st  of  February  at  his  home  in 
Washington. 

Q.    You  are  positive  in  your  recollection  on  that  point  ? 

A.   Yes,  sir. 

The  Commission  then  adjourned  until  Monday  morning,  May 
29,  at  ten  o'clock. 


Monday,  May  29,  1865. 
The  Court  met  at  the  usual  hour. 

Mr.  Clampitt  rose,  as  soon  as  the  record  of  Saturday's  pro- 
ceedings had  been  read,  and  said,  May  it  please  the  Court,  the 
counsel  on  the  part  of  Mrs.  Surratt,  one  of  the  accused,  desire  the 
recall  of  Henry  von  Steinacker,  a  witness  called  for  the  prosecu- 
tion ;  and  in  their  behalf,  and  in  her  behalf,  I  desire  the  permis- 
sion of  the  Court  to  state  to  them  our  reasons  for  that  recall.  In 
order  to  be  brief,  I  will  submit  those  reasons  in  writing  in  these 
words  :  — 

"  Mary  E.  Surratt,  one  of  the  accused,  in  asking  for  the  recall 
of  Henry  von  Steinacker,  a  witness  for  the  prosecution,  desires  to 


370  THE     TRIAL. 

state  to  the  Military  Commission,  through  her  counsel,  that,  in 
regard  to  the  said  Steinacker,  she  proposes  to  prove,  that,  shortly 
after  the  breaking-out  of  the  war,  he  was  a  member  of  General 
Blenker's  staff,  serving  in  the  capacity  of  a  topographical-engineer 
officer ;  that  while  under  sentence  of  death  at  New  Cumberland, 
for  attempting  to  desert  to  the  enemy,  on  or  about  the  month  of 
May,  1862,  he  made  a  second  attempt  to  desert,  with  better  suc- 
cess, and  entered  the  lines  of  General  Imboden's  command,  of  the 
so-called  Confederate  States,  on  or  about  the  month  of  May,  1862, 
scattered  between  Winchester  and  Romney,  Va. ;  and  that  most 
of  the  time  from  that  date  till  May,  1863,  he  was  employed  as  a 
draughtsman  by  Major-General  J.  E.  B.  Stuart,  of  the  so-called 
Confederate  Army ;  that  in  May,  1863,  the  said  Steinacker  vol- 
untarily joined  Company  K,  of  the  Second  Virginia  Infantry,  as  a 
private,  and  drew  pay,  bounty,  clothing,  and  the  usual  allowances 
of  a  private  soldier ;  and  that  he  was  detailed  as  an  assistant  to 
Captain  Oscar  Hinricks,  an  engineer  officer  on  the  staff  of  INIajor- 
General  Edward  Johnson,  of  the  so-called  Confederate  States 
Army,  and  remained  with  him  during  the  Pennsylvania  campaign 
of  that  year ;  and  that,  in  travelhng  over  Swift-Run  Gap,  he  had  no 
company  until  he  arrived  near  Chancellorsville,  where  he  fell  in 
with  Assistant  Surgeon  McQueen,  of  the  so-called  Confederate- 
States  Army,  and  two  other  gentlemen  in  said  service ;  that  he 
never  ranked  in  said  service  as  an  engineer  officer,  or  received  the 
pay  of  one  ;  that  he  was  frequently  in  the  guard-house  for  shoot- 
ing, or  threatening  to  shoot,  negi'oes  charged  with  piloting  United- 
States  troops  near  Mine  Run,  Ya.,  and  in  other  serious  chai-ges ; 
that  he  stole  moneys  which  were  placed  in  his  charge ;  that  he 
stole  a  horse  from  Lieutenant  David  H.  Cockerill  of  the  Second 
Yu'ginia  Infantry,  and  was  tried  by  court-martial  for  the  same,  and 
found  guilty;  and  that,  soon  after  the  spring  campaign  of  1864,  he 
stole  some  clothing  near  the  north  of  Richmond,  and  escaped  to 
Winchester,  Va.,  representing  himself  as  being  in  charge  of  the 
dead  body  of  Major  Henry  K.  Douglas,  A,  A.  G.,  on  General 
Johnson's  staff,  who  is  now  present  before  this  Court,  alive  and 
well ;  that  he  never  saw  J.  Wilkes  Booth  the  actor,  in  Virginia 
or  at  the  camp  at  any  time  of  the  Second  Virginia  Regiment  of 


THE     TRIAL.  371 

Infantry ;  and  that  no  such  meeting  of  Confederate  oflScers  as  he 
speaks  of  in  his  testimony  ever  took  place,  where  plans  for  the 
assassination  of  President  Lincoln  were  discussed." 

The  Judge  Advocate.  If  the  Court  please,  although  the  testi- 
mony of  Yon  Steinacker  has  no  earthly  connection  with  Mrs.  Sur- 
ratt's  case,  I  am  perfectly  willing  he  shall  be  recalled  if  he  can  be 
found.  I  do  not  know  where  he  is.  If  he  is  not  recalled,  any 
matter  which  will  discredit  him  can  be  introduced  by  the  counsel. 
There  is  a  great  deal  in  the  paper  just  read  which  is  certainly  not  a 
fair  or  recognized  mode  of  assailing  the  credibility  of  a  witness  ; 
but  such  testimony  to  impeach  him  as  can  be  properly  introduced 
under  the  rules  of  law  can  be  produced. 

General  Wallace.  I  should  like  to  inquire  if  the  Judge  Advocate 
has  at  any  time  declined  to  issue  the  proper  summons  for  the  witness 
whose  presence  is  desired. 

The  Judge  Advocate.  Not  at  all.  On  the  contrary,  I  have 
offered  to  do  so,  and  to  use  every  effort  in  my  power.  I  have  no 
more  knowledge  of  the  whereabouts  of  that  witness  than  the  gentle- 
men themselves. 

General  Wallace.  I  asked  the  question  with  the  view  of  seeing 
what  necessity  there  was  for  putting  this  paper  on  our  record.  As 
I  understand  it,  the  Judge  Advocate  has  never  refused,  and  I  know 
the  Court  has  not,  to  issue  a  summons  for  the  witness. 

Mr.  Clampitt.    Certainly  not. 

General  Wallace.    Then  why  make  such  an  application  ? 

Mr.  Clampitt.  Counsel  for  the  defence  have  never  stated  that 
there  was  any  delinquency,  or  any  desire  on  the  part  of  the  prosecu- 
tion to  deny  to  the  counsel  for  the  accused  any  witness  they  may 
call  for ;  but  it  was  for  another  reason  and  for  another  purpose  that 
this  paper  was  presented. 

The  Judge  Advocate.  The  matter  was  brought  to  the  notice  of 
the  Court  the  other  day ;  and  I  stated  then,  as  distinctly  as  I  do 
now,  that  this  witness  might  be  recalled  if  he  could  be  found. 

The  President.  The  decision  of  the  Commission  last  week  was, 
that  if  tlie  witness.  Von  Steinacker,  was  desired  by  the  defence, 
every  effort  would  be  made  to  obtain  his  attendance. 


372  THE     TRIAL. 

Mr.  Aiken.  We  stated,  iu  reply  to  that,  that  we  did  not  wish  to 
have  Von  Steinacker  called  for  the  defence.  Tlie  object  of  his  recall 
is  simply  to  put  certain  interrogatories  to  him  with  a  view  to  impeach 
him. 

The  Presi^dent.  The  decision  of  the  Commission  was,  that  if  you 
did  not  wish  to  call  him  for  the  defence,  as  you  had  a  full  opportu- 
nity of  cross-examining  him  when  he  was  on  the  stand  before,  the 
Commission  would  not  send  for  him.  That  was  the  decision  last 
week. 

Mr.  Aiken.  But,  at  the  time  he  was  examined  before,  the  counsel 
for  the  accused  were  not  aware  that  it  was  the  purpose  of  the  Gov- 
ernment to  connect  Mrs.  Surratt  years  back  with  Mr.  Booth  as 
aiding  and  abetting  and  counselling  a  conspiracy  to  assassinate  the 
President ;  and  not  knowing  any  thing  about  the  man  at  that  time, 
and  supposing  what  he  stated  to  be  true,  he  was  not  then  cross- 
examined  at  all.  These  facts  have  since  come  to  light ;  and  it  is  as 
much  for  the  benefit  of  the  Grovernment  that  a  man  of  that  description 
should  be  known. 

The  President.  Is  any  thing  known  of  the  whereabouts  of  Von 
Steinacker  ? 

Mr.  Aiken.  When  he  was  brought  here,  I  believe,  he  was  a 
prisoner  at  Fort  Delaware.  He  has  since  been  released,  and  has 
gone  no  one  knows  where. 

The  Judge  Advocate.  I  ask  by  whom  the  paper  presented  is 
signed. 

Mr.  Aiken.  It  is  signed  by  the  counsel  for  Mfs.  Surratt,  — 
Reverdy  Johnson,  myself,  and  Mr.  Clampitt. 

The  Judge  Advocate.  It  is  not  supported  by  anybody  who 
professes  to  have  any  personal  knowledge  of  the  matters  set 
forth. 

Mr.  Aiken.  It  will  be  supported  by  Major-General  Edward 
Johnson,  who  is  here  as  a  witness,  and  by  members  of  his  staff.  If 
we  be  permitted  to  prove  these  matters  without  the  recall  of  Yon 
Steinacker,  it  is  all  we  ask. 

Mr.  Clampitt.    That  will  be  perfectly  satisfactory. 

Mr.  Aiken.  For  the  same  reason,  no  further  cross-examination 
was  made  of  Henry  Fincgas  at  the  time  he  was  examined ;  and 


THE     TRIAL.  373 

afterwards,  learning  the  character  of  the  witness,  his  recall  was  asked 
for. 

General  Wallace.  I  should  like  to  know  for  which  one  of  the 
prisoners  this  paper  is  considered  necessary. 

Mr.  Aiken.  For  Mrs.  Surratt ;  but  it  has  a  hearing,  in  a 
degree,  on  all  of  them. 

General  Wallace.  Will  the  gentleman  please  state  the  connec- 
tion of  the  paper  with  Mrs.  Surratt 's  case  ? 

Mr.  Aiken.  We  wish  to  prove  that  Mr.  Booth  was  not  in  Vir- 
ginia at  the  time  stated  by  Von  Steinacker ;  that  no  such  meeting 
of  Confederate  officers  took  place  as  he  alleges  did  take  place, 
where  plans  for  the  assassination  of  Mr.  Lincoln  were  discussed.  I 
think  his  language  was,  that  one  of  the  officers  told  him  that  "  Lin- 
coln must  go  up  the  spout."  We  want  to  show  that  nothing  of  the 
kind  was  said ;  that  the  officers  of  that  regiment  were  not  aware  or 
cognizant  of  any  such  plan ;  that  they  did  not  know  Mr.  Booth ; 
that  they  never  saw  him  in  Virginia  at  all,  or  in  the  camp  of  the 
Second  Virginia  Regunent ;  and  that  if  any  plan  to  assassinate 
President  Lincoln  did  exist  as  far  back  as  that,  or  up  to  this  time, 
Mrs.  Surratt  had  no  connection  with  it  whatever  in  any  way  or 
shape,  and  knew  nothing  about  it. 

The  Judge  Advocate.  It  is  not  necessary  to  recall  the  witness, 
Von  Steinacker,  to  prove  that,  certainly. 

Mr.  Aiken.  I  suppose  that  we  have  the  right  to  prove  by  the 
witnesses  who  are  here  that  they  would  not  believe  Von  Steinacker 
on  his  oath. 

Assistant  Judge  Advocate  Bingham.  You  can  do  that  without 
recalling  him.  You  can  prove  all  the  other  allegations  that  it  is 
competent  to  prove  by  other  witnesses,  if  they  know  them. 

The  Judge  Advocate.  Inasmuch  as  this  application  has  been 
heretofore  brought  to  its  notice,  and  the  Court  and  myself  at  once 
acquiesced  in  an  effort  to  secure  the  attendance  of  the  witness,  I 
wish  the  Court  now  to  consider  the  question  whether  such  a  paper 
as  this,  so  extremely  defamatory  in  its  character,  shall  be  allowed  to 
go  upon  the  record  here,  when  really  it  is  the  basis  of  no  application 
which  has  not  already  been  considered  and  granted  ;  whether  there 
is  any  legitimate  object  to  be  obtained  by  spreading  upon  the  records 

VOL.   II.  32 


374  THE     TRIAL. 

a  paper  so  full  of  bitter  aspersion  upon  the  character  of  a  witness 
who  is  absent  as  this  is. 

General  Wallace.  I,  for  my  part,  object  to  the  appearance  of 
any  such  paper  on  the  record,  and  wish  to  say  now  that  I  under- 
stand distinctly,  and  hold  in  supreme  contempt,  such  practices  as 
this.  It  is  very  discreditable  to  the  parties  concerned,  to  the 
attorneys,  and,  if  permitted,  in  my  judgment  will  be  discreditable 
to  the  Court. 

Mr  Clampitt.  May  it  please  the  Court,  standing  in  the  position 
we  do  here,  I  would  not  desire  to  do  any  thing  that  would  reflect 
upon  counsel  in  the  degree  that  a  member  of  the  Court  has  spoken 
of;  but  I  understand  my  position  here  as  one  of  the  counsel  for 
Mrs.  Sun-att.  We  are  here  standing  within  the  portals  of  this  con- 
stituted temple  of  justice  ;  we  are  here  for  the  purpose  of  defending 
the  very  citadel  of  life ;  and  we  have  felt  it  to  be  our  duty,  and 
incumbent  upon  us,  to  use  every  exertion  that  is  in  our  power,  and 
consistent  with  the  forms  that  obtain  before  a  court,  to  impeach  or 
destroy  the  testimony  of  any  witness  that  can  properly  be  impeached ; 
and  it  was  for  that  purpose  that  we  have  made  this  application^  and 
for  the  purpose  of  shielding  the  accused,  if  possible.  It  was  at  the 
same  time  our  bounden  duty,  and  an  obligation  that  we  owed  to  her, 
that  we  should  spread  before  this  Court  the  character  of  the  witness 
that  has  been  brought  here  on  the  part  of  the  prosecution.  I  make 
this  explanation,  and  I  hope  it  will  be  satisfactory  to  the  Court. 

General  Wallace.  It  is  not  satisfactory  to  me,  and  for  the 
reason,  that  in  no  instance  has  any  person  been  denied  the  privilege 
which  is  sought  for  by  this  paper. 

General  Harris.  Neither  has  the  counsel  shown  any  connection 
that  paper  has  with  his  client,  or  any  one  of  the  accused  here. 

i\lR.  Aiken.  What  the  honorable  member  of  the  Court  states  is 
strictly  true.  The  Judge  Advocate  has  stated,  that  if  Von  Stein- 
acker  can  be  readily  found,  or  be  found  at  all,  no  objection  would 
be  made  to  his  recall.  He  stated  that  before,  and  he  has  stated  it 
now.  There  seems  to  be  a  misunderstanding,  however,  in  regard  to 
what  we  asked  for.  We  do  not  wish  to  summon  him  as  our  own 
witness  at  all. 


THE     TRIAL.  375 

Assistant  Judge  Advocate  Bogiiam.  Do  you  seek  to  put  this 
paper  on  record  ? 

Mr.  x\iken.  Yes  :  we  wish  it  to  go  on  the  record.  I  will  state 
further  to  the  Court,  that  the  paper  was  not  presented  to  the  Court 
without  first  being  submitted  to  the  senior  counsel  for  the  defence, 
the  Hon.  Reverdy  Johnson ;  and  that  he  approved  it,  and  thought 
it  just,  right,  and  proper. 

The  question  being  put  to  a  vote,  — 

The  President  announced  that  the  Commission  had  decided  that 
the  document  should  not  appear  on  the  record ;  and  he  added,  It 
appears  to  me  the  most  proper  way  to  invalidate  the  testimony  of 
this  witness  is  to  bring  other  witnesses  here.  This  man  certainly 
cannot  be  expected  to  testify  to  his  own  iniquities. 

Mr.  Aiken.  We  have  the  witnesses  here  to  prove  all  that  we 
have  stated,  and  we  are  ready  to  do  it. 

The  Judge  Advocate.    Go  on. 

Mr.  Aiken.  If  that  is  allowed,  we  do  not  care  to  have  the  paper 
go  on  the  record. 

The  President.  Certainly  there  can  be  no  objection  to  your 
invalidating  the  testimony  of  the  witness  in  a  legal  way. 

The  examination  of  witnesses  was  continued,  as  follows  :  — 

Thomas  Davis, 

a  witness  called  for  the  accused,  Samuel  A.  Mudd,  being  duly 
swt)rn,  testified  as  follows  :  — 

By  Mr.  Stone  : 

Q.   Where  do  you  reside  ? 

A.   At  Dr.  Sam.  Mudd's. 
^    Q.    How  long  have  you  resided  there  ? 

A.   Since  the  9th  of  January  last. 

Q.    What  has  been  your  employment  there  ? 

A.  Working  on  the  farm,  such  as  cutting,  ploughing,  and  any 
thino;s  that  came  to  hand. 

Q.  Have  you  been  there,  or  not,  constantly  since  your  first  going 
thei  e  on  the  9th  of  January  ? 


376  THE     TRIAL. 

A.   I  have  been  there  constantly. 

Q,    Have  you  been  absent  from  the  plantation  any  one  night  ? 

A.   Yes,  sir  :  I  have  been  absent  one  night  during  that  time. 

Q,    You  were  absent  only  one  night  ? 

A.    Only  one  night. 

Q.    Do  you  remember  what  night  it  was  that  you  were  absent? 

A.   No,  sir :  I  do  not  rightly  know  what  night  it  was. 

Q.    What  time  of  the  year  was  it  ? 

A.   It  was  in  the  month  of  January. 

Q.  Will  you  state  to  the  Court  how  often  Dr.  Mudd  has  been 
absent  from  home  from  the  time  you  went  there,  say  on  the  9th  of 
January,  up  to  the  time  of  his  arrest  ? 

A.  He  has  only  been  away  from  home  three  nights  during  that 
time.  One  night  he  was  at  George  Henry  Gardiner's,  to  a  party ; 
and  the  other  times  he  came  to  Washington.  On  the  23d  of  March, 
he  came  to  Washington  with  Lewellyn  Gardiner. 

Q.  At  what  time  was  the  party  at  George  Henry  Gardiner's  you 
speak  of?     What  month  ? 

A.   It  was  on  the  26th  of  January. 

Q.    Did  his  family  go  there  with  him  ? 

A.    Yes,  sir ;  they  did. 

Q.    When  did  he  return  from  that  party  ? 

K.  He  returned  next  morning,  a  little  after  sunrise  :  I  disremem- 
ber  what  time  it  was  exactly. 

Q.    When  was  the  next  time  he  was  absent  ? 

A.  On  the  23d  of  March,  he  came  to  Washington  with  Mr.  Gar- 
diner. 

Q.   How  long  was  he  absent  then  ? 

A.  Only  until  the  24th  of  March  :  he  came  home  about  nine 
o'clock  that  night, 

Q.  He  left  home  on  the  23d,  and  got  back  on  the  24th,  at 
flight  ? 

A.    Yes,  sir. 

Q.    State  to  the  Court  how  you  fix  the  dates. 

A.  The  reason  I  noticed  it  so  much  was  because  the  bam  was 
blown  down  then. 

Q.    A  bam  on  the  place  was  blown  down  while  he  was  away  ? 


THE     TRIAL.  ^"J'J 

A.  Yes,  sir  :  it  was  blown  down  on  the  evening  of  the  23d,  and 
the  25th  was  a  hohday.     That  is  the  reason  I  noticed  it. 

Q.  State,  if  you  know,  what  he  came  to  Washington  for  on  the 
23d  of  March. 

A.    He  came  up  to  buy  some  horses. 

Q.    Who  did  you  say  came  with  him? 

A.    Mr.  Lewellyn  Gardiner. 

Q.    Did  Mr,  Gardiner  return  with  him  ? 

A.    Yes,  sir ;  he  did. 

Q.    Do  you  know  Joan  H.  Surratt? 

A.    No,  sir  ;  I  do  not. 

Q.    Did  you  know  John  Wilkes  Booth  ? 

A.   No,  sir ;  I  did  not. 

Q.  [Exhibiting  to  the  witness  a  likeness  of  J.  Wilkes  Booth.] 
During  the  time  that  you  were  living  with  Dr  Mudd,  did  you  ever 
see  that  man  there  ? 

A.   No,  sir ;  I  never  did. 

Q.  Will  you  state  whether  you  were  or  were  not  ill  while  you 
were  there,  and  for  how  lono;  ? 

A.   I  was  ill  for  better  than  three  weeks. 

Q.    During  what  time  ? 

x\.  I  was  taken  sick  in  February,  and  came  out  on  the  15th  of 
March. 

Q.    During  your  sickness  there,  did  Dr.  Mudd  attend  you  ? 

A.    Yes,  sir ;  he  did. 

Q.    Where  did  you  take  your  meals  ? 

A.   Up  stairs,  while  I  was  sick. 

Q.    Where  did  you  take  them  when  you  were  well  ? 

A.   At  the  table. 

Q.  Did  you  take  them  always  with  the  family,  or  sometimes  with 
the  family  and  sometimes  by  yourself  ? 

A.  Sometimes  by  myself,  when  I  would  be  late,  on  account  of 
feeding  the  horses  and  attending  to  things,  and  be  a  little  behind 
time. 

Q.  State  to  the  Court  whether  you  did  or  did  not  see  Dr.  Mudd 
every  day  during  all  the  time  you  have  been  there. 

A.   I  have  seen  him  every  day  during  the  time  I  have  been  there, 
32* 


378  THE     TRIAL. 

except  tliose  tliree  times  lie  was  away  at  night.    I  have  seen  him 
every  morning. 

Q.  Will  you  state  to  the  Court  whether,  during  the  time  you 
were  there,  you  ever  heard  the  name  of  John  H.  Surratt  mentioned 
in  the  family  ? 

A.   No,  sir ;  I  did  not. 

Q.  Did  you  ever  hear  the  name  of  J.  Wilkes  Booth  mentioned 
in  the  family  ? 

A.    No,  sir  ;    I  did  not. 

Q.    Did  you  ever  hear  the  name  of  David  E.  Herold  mentioned  ? 

A.    No,  sir ;    I  did  not. 

Q,  Were  you  at  home  on  the  15th  of  April,  the  Saturday  before 
Easter  Sunday  ? 

A.   Yes,  sir  ;  I  was. 

Q.    Do  you  know  of  two  men  being  there  that  day  ? 

A.  No,  sir ;  there  were  two  horses  there  :  I  did  not  know  of  the 
men  beiner  there. 

Q.    You  saw  two  horses  there  ? 

A.   Yes,  sir. 

Q.   Did  you  hear  that  there  were  two  men  there  ? 

A.   Yes,  sir :   I  heard  there  were  two  men  there. 

Q.    Do  you  know  about  what  time  they  left  that  evening? 

A.    Between  three  and  four  o'clock,  as  near  as  I  can  come  at  it. 

Q.    Were  you  out  as  usual  on  that  day  working  in  the  field  ? 

A.    Yes,  sir. 

Q.    Did  you  see  either  of  the  men  youi'self  ? 

A.    No,  sir ;  I  did  not. 

Q.  Where  were  you  on  the  Friday  after  Easter  Sunday,  —  the 
Friday  after  the  assassination  ? 

A.   I  was  on  the  farm  at  work. 

Q.  Will  you  state  to  the  Court  whether  you  went  for  Dr.  Mudd 
on  that  day  ? 

A.   Yes,  sir;  I  did. 

Q.    Where  was  he  ? 

A.   He  was  at  his  father's. 

Q.    What  did  you  tell  Dr.  Mudd  ? 


THE     TRIAL.  379 

Assistant  Judge  Advocate  Bingham.  [To  the  witness.]  You 
need  not  state  any  thing  you  told  him  there. 

The  question  was  waived. 

By  Mr.  Stone  : 

Q.    Some  soldiers  were  at  Dr.  Mudd's  house  then?  "^ 

A.   Yes,  sir ;  and  wanted  to  see  him. 

Q.    And  you  went  for  him  ? 

A.   Yes,  sir. 

Q.    And  he  came  home  with  you  directly  ? 

A.  Yes,  sir :  he  came  as  far  as  the  bam  with  me ;  and  then  I 
went  into  the  field  with  the  other  hands,  and  he  and  Mr.  Hardy 
went  on  to  the  house. 

Q.    When  you  went  after  Dr.  Mudd,  what  did  you  tell  him  ? 

A.  I  told  him  there  were  some  soldiers  at  the  house  who  wanted 
to  see  him. 

Q.    Did  Dr.  Mudd  say  any  thing  then  about  a  boot? 

A.   No,  sir ;  he  did  not. 

Q.    Did  you  say  any  thing  to  him  about  a  boot  ? 

A.    No,  sir ;  I  did  not. 

Q.  He  came  along  with  you  until  you  got  inside  the  place,  and 
you  went  to  work,  and  he  went  on  to  the  house  ? 

A.    Yes,  sir  ;  he  did. 

Q.  Did  you  ever  hear  Dr.  Mudd,  during  the  time  you  were 
there,  express  any  disloyal  sentiments  ? 

A.   No,  sir ;  I  did  not. 

By  Mr.  Ewing  : 

Q.  On  the  day  after  the  President's  assassination,  did  you  take 
breakfast  with  the  family  ? 

A.   No,  sir ;  I  did  not,  because  I  was  not  in  tune. 

Q.    What  was  the  cause  of  your  not  taking  breakfast  with  them  ? 

A.  Because  I  was  attending  the  horses,  and  was  not  able  to  go 
in  when  the  horn  was  blown. 

Q.    Did  you  take  dinner  with  the  family  ? 

A.  No,  sir  :  I  was  not  in  the  house  in  time.  I  was  away,  and 
they  did  not  know  where  I  was. 


380 


THE     TRIAL. 


Q.  What  did  you  understand  about  there  being  parties  in  the 
house  ? 

A.  Nothing  more  than  that  there  were  two  men  there,  one  with 
a  broken  leg. 

Q.  Did  you  undersand  any  thing  about  any  of  them  having  been 
at  meals  ? 

A.   One  had  been  at  meals,  and  the  other  one  had  not. 

Cross-examined  by  Assistant  Judge  Advocate  Bingham  : 

Q.    That  was  what  you  understood  ? 

A.   Yes,  sir  :  I  understood  so. 

Q.  How  do  you  know  that  Dr.  Mudd  went  to  George  Henry 
Gardiner's  to  a  party  that  n^ght  ? 

A.   I  saw  him  go  there. 

Q.    How  far  is  it  away  ? 

A.   Not  over  three-quarters  of  a  mile. 

Q.    Where  were  you  when  you  sav^'  him  ? 

A.   I  was  home  when  he  started. 

Q.    You  saw  him  start  ? 

A.   Yes,  sir ;  and  his  wife  was  with  him. 

Q.    And  his  horses'  heads  were  turned  that  way  ? 

A.    No,  su- ;  he  walked. 

Q.    That  is  all  you  know  about  that? 

A.   Yes,  sir. 

Q.    You  say  you  did  not  see  the  men  there  on  Saturday  ? 

A.   No,  sir ;  I  did  not. 

Q.    At  any  time  ? 

A.   No,  sir ;  I  never  saw  them  there. 

Q.    How  do  you  know  what  time  they  left? 

A.  Because  they  were  gone  when  I  came  back,  about  four 
o'clock  in  the  evening. 

Q.    Was  it  not  a  little  after  four  that  you  came  ? 

A.   No,  sir. 

Q.    Just  about  four  ? 

A.   It  was  just  about  four  when  I  got  in  the  house. 

Q.    How  do  you  know  they  were  gone  ? 

A.  The  horses  were  gone,  and  I  did  not  hear  of  the  men  being 
there  after  that. 


THE     TRIAL.  381 

Q.  Of  course  you  did  Dot  hear  of  their  being  there  ;  but  how  do 
you  know  they  were  gone  ?  Had  you  been  at  the  house  before 
during  the  day,  after  they  came  ? 

A.   Yes,  sir  :  I  was  in  the  house  at  breakfast. 

Q.    You  did  not  see  them,  did  you  ? 

A.   No,  sir. 

Q.  When  you  came  back  to  the  house  at  four  o'clock,  how  do 
you  know,  inasmuch  as  you  did  not  see  them  before,  that  they  were 
not  there  still  ? 

A.   I  only  thought  so  on  account  of  the  horses  being  gone. 

By  Mr.  Ewing  : 

Q.  [Exhibiting  to  to  the  witness  the  photograph  of  John  H. 
Surratt,  marked  Exhibit  No.  72.]  Did  you  ever  see  that  man 
there  while  you  were  at  Dr.  Mudd's  ? 

A.   No,  sir  :  I  never  did. 

By  Assistant  Judge  x\dvocate  Bingham  : 

Q.  That  is,  you  have  not  seen  that  man  since  the  9th  of  last 
January  ? 

A.   No,  sir :  I  have  not. 

By  Mr.  Ewing*: 

Q.  Did  you  ever  see  him  ? 

A.  I  have  seen  him  at  his  home  before  —  his  residence  —  about 
five  years  ago. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.    You  have  not  seen  him  since? 
A.   No,  sir :  I  have  not. 

Julia  Ann  Bloyce, 

a  witness  called  for  the  accused,   Samuel  A.  Mudd,   being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Ewing  : 

Q.    State  to  the  Court  whether  you  formerly  lived  at  the  house 
of  Dr.  Samuel  A.  Mudd,  the  prisoner  at  the  bar. 
A.   Yes,  sir. 


382  THE     TRIAL. 

Q.  State  wben  you  went  there  to  live,  and  how  long  you  staid 
there. 

A.  I  went  there  on  the  day  they  call  Twelfth  Day  from  Christ- 
mas Day. 

Q.    When  did  you  leave  there  ? 

A.    I  left  there  on  Christmas  Eve's  eve. 

Q.    That  is,  two  days  before  Christmas? 

A.   Yes,  sir. 

Q.    You  left  there  two  days  before  last  Christmas? 

A.   Yes,  sir. 

Q.    You  lived  there,  then,  last  year? 

A.   Yes,  sir. 

Q.    What  was  your  business  in  the  house  ?     What  did  you  do  ? 

A.  I  cooked  at  times,  washed,  ironed,  and  starched  ;  sometimes 
cleared  up  the  house,  and  put  the  table  away ;  and  at  other  times  I 
waited  on  the  table. 

Q.  Did  you  ever  know  while  there  of  any  party  of  men  sleep- 
ing in  the  pines  ? 

A.   No,  sir. 

Q.  Did  you  ever  know  of  any  Confederate  officers  or  soldiers 
beino;  about  Dr.  Mudd's  house  ? 

A.    No,  sir;  I  did  not. 

Q.    Did  you  ever  see  Andrew  Grwynn  there  ? 

A.    No,  sir ;  I  did  not. 

Q.    Do  you  know  Andrew  Gwynn  ? 

A.   Yes,  sir  :  I  have  seen  him. 

Q.    Did  you  ever  see  a  man  they  called  Surratt  there  ? 

A.    No,  sir ;   I  did  not. 

Q.    [Exhibiting  to  the  witness  the  photograph  of  John  H.  Sur- 
ratt, marked  Exhibit  No.  72.]     Look  at  that  hkeness. 
•  A.   I  have  never  seen  it  before. 

Q.    You  never  saw  that  man  there  ? 

A.   No,  sir. 

Q.  Did  you  ever  hear  Dr.  Mudd  say  any  thing  about  sendino' 
any  of  the  servants  to  Richmond  ? 

A.   No,  sir ;  never. 

Q.    Do  you  know  Ben,  Gwynn  ? 


THE     TRIAL.  383 

A.   I  have  seen  him. 

Q.    Did  you  see  him  there  last  year  ? 

A.   No,  sir ;  I  did  not. 

Q.  Did  you  ever  hear  Ben.  Gwynn's  name,  or  Andrew  Gwynn's 
name,  mentioned  in  the  house  when  you  were  there  ? 

A.   No,  sir. 

Q.    Did  you  ever  hear  Surratt's  name  mentioned  ? 

A.   No,  sir. 

Q.    State  what  sort  of  a  master  Dr.  Samuel  A.  Mudd  was. 

A.  He  treated  me  very  kindly,  and  all  that  were  around  him. 
He  was  very  kind  to  us  all,  —  I  mean  what  few  he  had  around 
him.  I  lived  with  him  during  the  year ;  and  he  never  gave  me  a 
cross  word  during  the  year,  or  any  of  the  rest,  that  I  know  of. 

Q.    Did  you  ever  know  of  his  whipping  Mary  Simms  ? 

A.   No,  sir  :  he  never  struck  her  a  lick  through  the  whole  year. 

Q.    What  did  Mary  Simms  leave  the  house  for,  do  you  know  ? 

A.  Mrs.  Mudd  told  her  not  to  go  away  on  a  Sunday  evening 
walking,  but  she  would  go ;  and  the  next  morning,  she  [Mrs. 
Mudd]  struck  her  about  three  licks  with  a  little  switch.  The 
switch  was  small ;  and,  from  the  licks  she  gave  her,  I  do  not  be- 
lieve she  could  have  hurt  her. 

Q.    Dr.  Sam.  Mudd  never  whipped  her  at  all? 

A.   He  never  gave  her  a  lick  that  I  know  of,  or  any  of  the  rest. 

Q.    Did  you  ever  hear  of  his  striking  her? 

A.   No,  sir;  never. 

Q.  Do  you  know  what  the  general  opinion  of  Mary  Simms 
among  the  colored  people  is,  as  to  her  being  truthful  ? 

A.  She  is  not  a  very  great  truth-teller.  I  lived  with  her  last 
year ;  and  she  is  not  a  great  truth-teller,  because  she  has  told  lies 
on  me. 

Q.  Do  you  know  what  the  colored  folks  around  there  generally 
think  of  her  as  a  truth-teller  ? 

A.   They  think  she  is  a  liar. 

Q.    Is  that  the  general  opinion  ? 

A.    Yes,  sir. 

Q.  Do  you  know  what  the  colored  folks  there  think  of  Mile 
Simms  as  a  truth-teller  ? 


384 


THE     TRIAL. 


A.  They  thought  of  Milo  as  they  did  of  Mary.  If  he  would 
get  angry  with  you,  he  would  tell  a  lie  on  you  to  get  his  satisfac- 
tion. 

Q.   That  was  the  general  opinion  about  him,  was  it? 

A.    Yes,  sir. 

Q.  Did  you  hear  Dr.  Sam,  Mudd  talk  any  thing  about  the 
Government  of  Mr.  Lincoln,  —  against  him  ? 

A.   No,  sir ;  never. 

Q.    You  left  there  two  days  before  last  Christmas  ? 

A.   Yes,  sir. 

Q.  Do  you  know  any  thing  about  Dr.  Sam.  Mudd  going  away 
on  that  day  ? 

A.   Dr.  Sam's  wife  told  me  that  he  was  gone  to  Washington. 

Q.    What  time  did  he  leave  ? 

A.  It  was  early  in  the  morning.  I  do  not  know  exactly  what 
time  it  was. 

Q.    Do  you  know  what  he  went  for  ? 

A.   Mrs.  Mudd  said  he  was  going  to  get  a  cooking-stove. 

Q.    Where  have  you  lived  since  you  left  Dr.  Sam.  Mudd's  ? 

A.   I  live  in  Bryantown  with  Mr.  Wai-d. 

Cross-examined  by  Assistant  Judge  Advocate  Bingham  : 

Q.  When  did  you  go  to  Dr.  Mudd's  house  to  live  ? 

A.  Last  year. 

Q.  What  time  did  you  go  there  last  year? 

A.  I  do  not  know  what  day  of  the  month  it  "was ;  but  I  went 

there  the  day  that  they  call  the  Twelfth  Day. 

Q.  But  it  was  last  year  ? 

A.  Yes,  sir. 

Q.  Was  it  before  or  after  Christmas  that  you  went  ? 

A.  After  Christmas. 

Q.  After  last  Chi'istmas  that  you  went  to  Dr.  Mudd's  to  live  ? 

A.  Yes,  sir. 

Q.  Where  did  you  live  before  that  ? 

A.  I  lived  at  John  Mack's. 

Q.  How  long  did  you  stay  with  Dr.   Mudd  after  you  went] 

there  ? 


THE     TRIAL.  385 

A.  I  staid  with  him  the  year  out.  No,  I  did  not  stay  the  year 
out ;  hecause  you  should  not  call  the  year  out  until  after  New-Year's 
Day. 

Q.  You  left  before  New- Year's  Day  ?      • 

A.  Yes,  sir. 

Q.  Where  have  you  lived  since? 

A.  With  Mr.  Ward,  at  Bryantown. 

Q.  Ever  since? 

A.  Yes,  sir. 

By  Mr.  Ewing  : 

Q.  Did  you  mean  it  was  after  last  Christmas  that  you  went  to 
Dr.  Mudd's  to  live  ? 

A.  I  should  call  the  Christmas  past  this  Christmas.  The  Christ- 
mas before  last  I  lived  with  Dr.  Sam.  Mudd,  —  the  Christmas  be- 
fore this  last  one  gone. 

Q.  It  was  the  first  Twelfth  Day  after  last  Christmas  a  year  that 
you  went  there  ? 

A.   Yes,  sir. 

Q.    And  then  left  two  days  before  Christmas? 

A.   Yes,  sir ;  I  did. 

Q.    You  were  there,  then,  nearly  a  year  ? 

A.   Yes,  sir. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.  Do  you  say  that  you  went  there  the  first  Twelfth  Day  after 
last  Christmas  a  year  ? 

A.   The  first  Twelfth  Day  after  last  Christmas  a  year. 

Q.  Did  you  not  swear  before  that  you  went  there  two  days  be- 
fore last  Christmas  ? 

A.   I  mean  last  Christmas  a  year. 

Q.  Did  you  not  swear  before  that  you  went  to  Dr.  Mudd's  two 
days  before  Christmas  ? 

A.  I  came  away  from  there  two  days  before  this  last  Christmas 
Day. 

Q.    I  only  ask  you  what  you  said  before. 

A.   That  is  what  I  meant,  certainly.      If  I   did   not  explain 
myself,  the  gentlemen  ought  to  know  what  I  mean. 
VOL.  II.  33 


386  the    trial. 

George  D.  Mudd, 

a  witness  called  for  the  accused,  Samuel  A.  Mudd,  being  duly  sworn, 
testified  as  follows  :  — 

By  Mr.  Ewog  : 

Q.    State  where  you  reside,  and  your  business. 

A.  I  am  a  practitioner  of  medicine  in  the  village  of  Bryantown, 
Charles  County,  Md. 

Q.    State  whether  you  know  the  prisoner,  Samuel  A.  Mudd. 

A.   I  know  him. 

Q.    What  relation  are  you  to  him,  if  any  ? 

A.  His  father  and  my  father  were  first  cousins  :  perhaps  there 
was  a  little  stronger  relationship  than  that.  He  was  a  student 
Tinder  me  many  years  ago.  I  was  his  preceptor  in  the  study  of 
medicine. 

Q.  State  to  the  Court  whether  you  know  his  reputation  in  the 
neighborhood  in  which  he  lives  for  peace,  order,  and  good  citizen- 
ship. 

A.  I  know  of  no  one  whose  reputation  is  better  in  that  regard. 
Very  good. 

Q.    State  what  his  reputation  is,  if  you  know  it,  as  a  master. 

A.  I  have  always  considered  him  a  humane  man  to  his  fellow- 
men,  whether  they  be  servants  or  otherwise.  He  always  fed  and 
clothed  his  servants  well,  to  my  knowledge,  and  treated  them  kind- 
ly, as  far  as  I  know. 

Q.  Will  you  state  whether  or  not  you  saw  Dr.  Mudd  on  the 
Sunday  after  the  assassination  of  the  President  ? 

A.  Yes,  sir  :  I  saw  him  at  church.  He  overtook  me  after  that 
on  my  way  to  Bryantown,  and  I  rode  with  him  as  far  as  the  house. 

Q.    State  whether  he  said  any  thing  to  you  about  any  persons' 
having  been  at  his  house. 

The  Judge  Advocate.  You  need  not  answer  that  question.  I 
do  not  think  we  have  introduced  the  declarations  of  Dr.  Mudd  at 
that  time.  It  is  very  clear  the  Government  has  not  offered  the 
declarations  of  the  prisoner  at  that  time. 

Mr.  Ewxng.      I  propose  to  offer  that  statement  for  the  purpose 


THE     TRIAL.  337 

of  showino;  that  Dr.  Geor^-e  iiluJcl.  wlio  states  tbat  he  is  a  resident 
of  Bryantown,  and  who,  I  will  prove,  is  a  man  of  well-known,  un- 
questionable, and  active  loyalty,  that  the  prisoner  at  the  bar  in- 
formed him  that  there  were  two  suspicious  persons  at  his  house  on 
Saturday  morning ;  told  him  of  the  circumstances  of  their  coming 
there  ;  expressed  to  him  a  desire  that  he  should  inform  the  military 
authorities,  if  he  thought  it  advisable,  of  the  fact  of  their  having 
been  there ;  stated  to  him  that  he  wished  him  to  take  it  direct  to 
the  military  authorities,  and  not  tell  it  at  large  about  the  streets, 
lest  the  parties  or  their  friends  might  assassinate  him  [the  prisoner] 
for  the  disclosure.  I  can  imagine  no  declaration  of  a  prisoner  more 
clearly  admissible  than  this.  It  accompanies,  or  is  connected  with, 
acts  which  they  have  shown  of  the  preceding  day,  and  of  subse- 
quent days ;  it  is  a  part  of  the  very  gist  of  the  acts  and  omissions 
by  which  he  is  sought  to  be  implicated  here  ;  and  to  refuse  to  allow 
him  to  show  that  he  informed  the  Government,  through  one  of  its 
most  loyal  friends,  of  the  presence  of  these  men  in  his  house,  and 
his  suspicions  in  regard  to  them,  would  be  to  strip  him  of  a  com- 
plete and  admissible  defence.  On  the  subject  of  such  actions  — 
for  this  statement  was  an  act  —  I  read  an  authority  from  "  Russell 
on  Crimes,"  vol.  ii.  p.  150  :  — 

"  Wlien  hearsay  is  introduced,  not  as  a  medium  of  proof  in  order 
to  establish  a  distinct  fact,  but  as  being  in  itself  a  part  of  the  trans- 
action in  question,  it  is  then  admissible  ;  for  to  exclude  it  might 
be  to  exclude  the  only  evidence  of  which  the  nature  of  the  case  is 
capable.  Thus  in  Lord  George  Gordon's  case,  on  a  prosecution 
for  high  treason,  it  was  held  that  the  cry  of  the  mob  might  be 
received  in  evidence  as  part  of  the  transaction  (21  How,  St. 
Tr.  535).  And,  generally  speaking,  declarations  accompanying 
acts  are  admissible  in  evidence  as  showing  the  nature,  character, 
and  objects  of  such  acts.  Thus  when  a  person  enters  into  land  in 
order  to  take  advantage  of  a  forfeiture,  to  foreclose  a  mortgage,  to 
defeat  a  disseizin,  or  the  like,  or  changes  his  actual  residence,  or 
is  upon  a  journey,  or  leaves  his  home,  or  returns  thither,  or  remains 
abroad,  or  secretes  himself,  or,  in  fine,  does  any  other  act  material 
to  be  understood,  his  declarations  made  at  the  time  of  the  transac- 
tion, and  expressive  of  its  character,  motive,  or  object,  are  regarded 


388  THE     TRIAL. 

as  verbal  acts  indicating  a  present  purpose  and  intention,  and  are 
therefore  admitted  in  proof  like  any  other  material  facts.  They  are 
part  of  the  res  gestce.^^ 

In  a  note  to  this  section,  the  learned  American  editor  of  the 
"work,  Judge  Sharswood,  gives  the  following  among  other  decisions 
in  this  country  :  — 

' '  Thus  the  declarations  of  the  prisoner  may  he  admitted  to  ac- 
count for  his  silence  when  that  silence  would  operate  against 
him:'— The  U.  States  v.  Craig,  4  Wash.  C.  C.  Rep.  729. 

That  is  just  the  case  here. 

"  Wlienever  the  conduct  of  a  person  at  a  given  time  becomes  the 
subject  of  inquiry,  his  expressions,  as  constituting  a  part  of  his 
conduct  and  indicating  his  intention,  cannot  be  rejected  as  irrele- 
vant, but  are  admissible  as  part  of  the  res  gestae.''  —  Tennegy. 
Evans,  14  New  Hamp.  353. 

It  is  to  explain  his  silence  up  to  the  time  of  his  making  the  com- 
munication to  Dr.  George  Mudd,  and  to  rebut  the  evidence  of  De- 
tective Lloyd  as  to  his  concealment,  on  the  Tuesday  following,  of 
the  fact  that  these  two  men  had  ever  been  at  his  house,  that  I  pro- 
pose to  introduce  that  statement  in  evidence.     This  statement  was 
made  before  he  could  have  known  that  any  suspicions  were  directed 
against  him.     It  was  an  act  done  during  the  time  of  that  silence 
and  alleged  concealment,  by  reason  of  which  they  seek  to  implicate 
him  as  an  accessoiy  before  and  after  the  fact  in  the  assassination. 
That  conversation  with  Dr.  George  Mudd  accounts  for  the  silence : 
that  conversation  broke  the  silence.     If  the  fact  of  his  havino;  been 
silent  is  to  be  urged  against  him,  may  not  the  fact  that  he  broke 
the  silence,  and  communicated  all  the  facts  to  the  military  authori- 
ties, be  introduced  in  his  behalf?      I  hope  the  Judge  Advocate 
and  the  Court  will  mark  the  fact,  that  we  do  not  introduce  this  for 
the  purpose  of  showing  that  what  Dr.  Mudd  then  said  was  true. 
We  do  not  introduce  it  for  the  purpose  of  explaining  any  thing  as 
to  the  presence  of  these  men  in  the  house,  or  the  acts  they  did 
there  :  we  introduce  it  simply  to-  show  that  he  communicated  as 
well  as  he  could  to  the  military  authorities  the  fact  of  their  pres- 
ence, and,  at  the  same  time,  gave  the  explanation  of  his  caution 


THE     TRIAL.  389 

then  and  his  silence  before.  No  authority  could  be  more  direct 
upon  this  point  than  the  authority  in  United  States  v.  Craig  (4 
Washington  Circuit  Court  Reports) ,  which  is  briefly  stated  in  the 
note  to  Russell,  which  I  before  read  :  "  Thus  the  declarations  of  a 
prisoner  may  be  admitted  to  account  for  his  silence  when  that 
silence  would  operate  against  him." 

The  Judge  Advocate.  If  the  Court  please,  the  principle  here 
is  almost  too  well  settled  to  be  the  subject  of  discussion.  While  it 
is  competent  for  the  Government  to  give  in  evidence  declarations  of 
a  prisoner  on  trial,  his  confessions,  it  is  not  competent  for  him  to  do 
so.  That  is  perfectly  clear  ;  but,  when  these  confessions  are  intro- 
duced, he  has  a  right  to  insist  that  the  whole  of  them  shall  be 
given.  That  is  the  principle.  Now,  we  have  offered  no  declara- 
tions in  evidence  which  were  made  by  the  prisoner  at  the  bar  on 
Sunday,  the  day  spoken  of  by  the  witness.  The  ground,  then,  on 
which  it  is  sought  to  introduce  them,  is,  that  they  are  part  of  the 
res  gestcB.  The  res  gestce  at  that  moment  had  been  completed. 
The  res  gestce  in  which  he  was  involved,  and  which  is  the  subject 
of  arraignment  on  the  part  of  the  Government,  had  closed  the  day 
before.  That  consisted  in  his  having  received  and  entertained 
these  men,  and  sent  them  on  their  way  rejoicing ;  having  fed  them ; 
having  set  the  leg  of  the  one  whose  leg  was  broken ;  having  com- 
forted and  strengthened  and  encouraged  them,  as  far  as  his  hospi- 
tality and  professional  skill  could  do  so,  to  proceed  in  their  journey. 
That  is  the  res  gestce,  the  transaction  on  which  the  Government 
arraigns  him ;  and  that  was  complete  at  four  o'clock  on  Saturday 
evening.  Now,  on  a  subsequent  day,  on  Sunday,  after  carefully 
reviewing  his  own  conduct,  he  proposes  to  introduce  a  line  of  dec- 
laration on  his  part,  nearly  twenty-four  hours  afterwards,  by  which 
he  seeks  to  relieve  himself  of  the  imputation  which  the  law  at- 
taches to  his  previous  conduct,  which  has  been  the  subject  of  the 
testimony  before  this  Court.  I  say  it  is  not  competent  for  him  to 
do  so,  it  is  not  competent  for  him  to  declare  the  motives  by  which 
his  previous  action  was  governed,  because  we  have  no  means  of 
reaching  those  motives ;  we  have  no  means  of  introducing  testimony 
in  regard  to  them  ;  we  have  introduced  no  testimony  in  regard 
to  them.  And  the  great  principle  which  says  that  a  criminal 
33* 


390  TEE     TRIAL. 

sLall  not  manufacture  testimony  for  his  own  exculpation  inter- 
venes, and  forbids  that  this  Court  shall  hear  that  testimony.  Any 
act  of  the  prisoner  he  may  introduce,  because  in  regard  to  that  we 
ourselves  can  introduce  testimony ;  but  declarations  which  may 
have  been  framed  upon  careful  review  of  his  own  conduct,  solely 
for  the  purpose  of  his  vindication  against  the  accusation  which  he 
must  have  seen  would  arise  from  that  conduct,  cannot  be  heard 
upon  any  principle  of  testimony  whatever. 

Mr.  Ewixg.  I  have  one  farther  remark  to  make  to  the  Court. 
The  Judge  Advocate  says  that  the  transaction  was  wholly  closed. 
Not  so.  The  charo;e  here  is  a  charo;e  of  concealment  amoiio-  others : 
and  the  concealment,  as  they  have  sought  to  prove  it,  was  a  conceal- 
ment not  only  of  their  presence  while  they  were  in  the  house,  but  a 
concealment,  extending  until  Tuesday  or  Friday,  of  the  fact  of  their 
having  been  there.  Two  of  the  witnesses  for  the  prosecution  who 
went  there  on  Tuesday  —  two  out  of  the  four  —  said,  upon  their 
examination  in  chief,  that  Dr.  Mudd  denied  that  two  men  had  been 
at  his  house.  That  was  part  of  the  testimony  for  the  prosecution. 
It  was  not  irrelevant  testimony  :  it  was  legitimately  applicable  to 
this  charge  of  concealment,  which  is  made  in  broad  and  general 
terms,  and  which  applies  as  well  to  his  concealing  them  while  they 
were  there  as  to  his  concealing  their  course  after  they  left,  and  the 
fact  that  they  had  been  there.  In  support  of  that  charge  of  con- 
cealment, as  I  said  before,  they  have  introduced  testimony  that  he 
denied  on  Tuesday  that  they  had  been  there  ;  and  now  they  pro- 
pose to  exclude  us  from  proving  that  he  informed  the  Government 
on  Sunday  that  they  had  been  there.  It  would  be  most  unjust  to 
exclude  it,  and  contrary  to  the  authorities  which  I  have  cited,  one 
of  which  is  explicitly  and  clearly  in  point. 

The  Judge  Advocate.  If  the  gentleman  will  frame  his  ques- 
tion so  as  to  bring  out  simply  the  conduct  of  the  party  in  the  act  he 
did,  I  shall  not  object ;  but  I  must  object  to  his  declarations. 

Mr.  Ewing.  The  question  has  been  asked.  I  cannot  prove 
how  he  informed  the  G-overnment,  without  proving  the  words  he 
used.  If  the  witness  were  the  Judge  Advocate  General,  I  could 
not  prove  that  Dr.  Mudd  had  informed  him  of  their  presence  there, 
without  proving  what  he  said  to  him. 


THE     TRIAL.  391 

Assistant  Judge  Advocate  Burnett.  The  abstract  question 
could  certainly  be  asked,  "  Did  Dr.  Samuel  A.  Mudd  direct  you  to 
go  to  the  authorities,  and  inform  them  that  these  parties  had  been 
there  ? 

Mr.  Ewing.  I  claim  more  than  that :  I  claim  the  whole  state- 
ment. 

The  Commission  sustained  the  objection  of  the  Judge  Advocate. 

By  Mr.  Ewing  : 

Q.  State  whether  you  communicated  to  the  military  authorities 
in  Bryantown  the  fact  of  any  suspicious  persons  having  been  at  the 
house  of  Dr.  Samuel  A.  Mudd  on  Saturday. 

A.   I  did. 

Q.    State  to  whom  you  communicated  it. 

A.  I  communicated  it  to  Lieutenant  Dana,  who  was  the  princi- 
pal in  command  of  the  military  there  at  that  time. 

Q.    When  did  you  communicate  it  to  him  ? 

A.    I  think  it  was  on  Monday  morning. 

Q.    What  statement  did  you  make  to  him  ? 

A.  I  stated  to -him  that  Dr.  Samuel  Mudd  had  informed  me  that 
two  suspicious  parties  were  at  his  house,  —  came  there  a  little  before 
daybreak  on  Saturday  morning ;  and  that  one  of  them  had,  as  he 
said,  a  broken  leg,  which  he  bandaged ;  that  they  were  laboring 
under  some  degree  of  excitement,  —  more  so,  he  thought,  than 
should  arise  from  a  broken  leg  ;  that  these  parties  stated  that  they 
came  from  Bryantown,  and  were  incjuiriug  the  way  to  the  Bev.  Dr. 
Wilmer's ;  that  whilst  there  one  of  them  called  for  a  razor,  and 
shaved  himself,  thereby  altering  his  appearance  ;  that  he  improvised 
a  crutch,  or  some  crutches,  for  the  broken-legged  man,  and  that 
they  went  in  the  direction  of  Parson  Wilmer's.  I  think  that  is 
about  the  whole  of  what  I  told  the  lieutenant. 

Q.    From  whom  did  you  get  your  information  ? 

A.   From  Dr.  Mudd,  the  prisoner. 

Q.    What  time  on  Monday  did  you  make  the  communication  ? 

A.    I  think,  Monday  morning. 

Q.  By  whose  authority  did  you  make  the  communication  to 
him  ? 


392  THE     TRIAL. 

A.  The  mentioning  of  that  matter  to  me,  or  any  other  matter 
bearing  on  an  assassination,  particularly  such  an  assassination  as  the 
country  and  the  world  now  mourn,  was  my  warrant  and  authority 
from  him  or  anybody  else  who  knew  me. 

Q.  At  the  time  he  communicated  it  to  you,  was  any  thing  said 
aboat  communicating  it  to  the  military  authorities  ? 

A.  When  I  left  him,  and  was  starting  from  him,  I  told  him  I 
would  mention  the  matter  to  the  authorities  to  see  what  could  be 
made  of  it.  He  told  me  he  would  be  glad  if  I  would  ;  but  that, 
if  I  could  make  the  arrangement,  he  would  much  prefer  that  he  be 
sent  for,  and  that  he  would  give  every  information  in  his  power 
relative  to  it ;  that,  if  it  became  a  matter  of  publicity,  he  feared  for 
his  life  on  account  of  guerillas  that  might  be  infesting  the  neighbor- 
hood. 

Q.    Did  you  say  to  what  authorities  you  would  mention  it  ? 

A.    To  the  authorities  in  Bryantown. 

Q.    Military  or  civil  ? 

A.   The  military  authorities  abeady  there. 

Q.  Did  you  make  any  other  communication  to  any  other  military 
authorities  of  the  facts  stated  to  you  by  Dr.  Samuel  A.  Mudd  ? 

A.  Yes,  sir. 

Q.    To  whom? 

A.  After  that,  I  was  sent  for  to  my  house,  I  think"  on  Tuesday 
afternoon.  There  were  four  detectives  who  asked  me  to  go  up  in  a 
room  with  them.  They  there  questioned  me  very  particularly  rela- 
tive to  this  affair.  I  stated  to  them  what  I  have'  already  stated 
here  ;  and,  upon  my  inability  to  answer  such  questions  as  they  pro- 
pounded, they  immediately  ordered  their  carriage,  and  asked  me  to 
direct  them  the  way  to  Dr.  Sam.  Mudd's  house.  1  told  them  that 
I  would  do  it,  or  that  I  would  go  with  them.  They  seemed  to 
prefer  that ;  and  I  did  go  with  them. 

Q.    State  what  happened  when  you  went  there. 

A.  These  detectives  went  in :  I  was  outside  of  the  door.  Dr.  Sam. 
Mudd  was  not  in  the  house.  I  was  outside  of  the  door,  and  saw 
him  coming,  and  told  him,  as  he  entered  the  house,  that  the  detect- 
ives had  come  there  for  the  purpose  of  ascertaining  the  particulars 
relative  to  that  matter  which  he  had  spoken  to  me  about. 


THE     TRIAL.  393 

Q.    You  told  him  that  ? 

A.  Yes,  sir ;  and  that  I  had  made  the  statement  to  the  military 
authorities  which  he  had  made  to  me  on  Sunday,  and  that  they 
were  up  there  for  the  purpose  of  making  special  inquiry  in  reference 
to  it.  I  had  already  stated  to  the  detectives  that  I  felt  confident 
the  doctor  would  state  the  matter  just  as  I  had  stated  it  to  them, 
and  would  not  and  did  not  stay  in  there  during  their  examina- 
tion. 

Q.    Can  you  name  the  officers  that  went  with  you? 

A.  One  was  named  Lloyd ;  another  was  named  Gavaean,  I 
think,  —  an  Irishman.  I  would  know  the  names  of  the  others  if 
they  were  mentioned,  I  think ;  but  I  do  not  now  recollect  them. 

Q.    Was  Lieutenant  Lovett  one  of  the  party? 

K.   He  was  one. 

Q.   Was  Williams  one  of  them  ? 

A.   Yes  :  Williams  was  the  fourth. 

Q.  State  whether  any  inquiry  was  made  by  any  of  them,  after 
the  conversation  with  Dr.  Samuel  Mudd,  as  to  the  route. 

A.  When  we  got  in  the  wagon,  —  or,  I  think,  just  before  getting 
in,  — they  asked  me  if  I  would  direct  them  the  way  to  Parson  Wil- 
mer's.  It  was  then  nearly  night.  I  told  them  I  certainly  would 
do  so  if  necessary.  I  then  turned,  and  asked  Dr.  Samuel  Mudd, 
who  was  standing  outside  of  the  door,  what  was  the  best  route  to  take 
to  Parson's  Wilmer's ;  which  he  gave  me,  and  stated  that  there  was 
a  bad  bridge  around  the  way  he  directed  us,  which  I  remembered 
very  well.  Before  we  got  to  the  main  road  leading  to  Bryantown, 
these  gentlemen  concluded  —  in  consequence,  it  seems,  of  my  stating 
to  them  that  it  was  very  Uttle  out  of  the  way  to  go  back  by  Bryan- 
town  to  Parson  Wilmer's  —  to  go  that  way ;  being  a  much  better 
road,  as  I  thought. 

Q.  State  whether  or  not  any  thing  was  said  by  either  of  those 
gentlemen  about  Dr.  Mudd's  having  denied  that  the  two  men  had 
been  at  his  house. 

A.   Not  to  my  knowledge. 

Q.  V/ill  you  state  whether  you  were  in  Bryantown  on  Saturday 
at  the  time  of  and  after  the  news  of  the  assassination  of  President 
Lincoln  reached  there  ? 


394  THE     TRIAL. 

A.  I  was  there  when  the  news  came,  and  remained  all  the  even- 
ing ;  did  not  leave  the  village. 

Q.  What  did  jou  hear  as  to  the  person  or  persons  implicated  in 
the  assassination  ? 

A.  Lieutenant  Dana,  on  whom  I  called  for  information,  told  me 
that  the  party  who  had  attempted  the  assassination  of  Secretary 
Sewai'd  was  named  Boyle,  and  claimed  him  to  be  the  same  party 
who  assassinated  Captain  Watkins,  of  Anne  Arundel  County ;  and 
that  the  party  who  assassinated  the  President  was  supposed  to  be  a 
man  by  the  name  of  Booth,  but  that  he  thought  he  had  not  yet  got- 
ten out  of  Washington. 

Q.    Was  Boyle  known  in  that  region  of  country? 

A.   Yes,  sir. 

Q.    Had  he  been  about  there  ? 

A.   Yes,  sir. 

Q.    Was  he  supposed  to  be  about  there  then? 

A.  No,  sir ;  I  think  he  had  not  been  about  there  for  three  or 
four  weeks,  or  later  than  two  or  three  days  after  the  assassination  of 
Captain  Watkins. 

Q.    What  was  his  character  as  known  there  ? 

A.    I  think  his  character  was  very  bad. 

Q.    Was  he  known  as  a  desperado  and  guerilla? 

A.   Yes,  sir. 

Q.  State  whether  you  were  at  church  on  Sunday,  and  what  was 
known  there  about  the  assassination  of  the  President. 

A.  I  was  at  church  on  Sunday.  It  was  believed,  and  I  may  say 
known,  then,  that  the  President  of  the  United  States  had  been  assas- 
sinated.    It  was  talked  about. 

Q.  Was  it,  or  was  it  not,  understood  that  Booth  had  not  crossed 
the  river? 

A,  No  one,  to  my  knowledge,  supposed  that  he  had  crossed  the 
river  at  that  time.  That  was  my  impression  :  I  did  not  make  much 
inquiry  relative  to  it. 

Q.  Did  you  have  any  conversation  with  Dr.  Samuel  Mudd  at 
the  church,  or  hear  his  conversation,  as  to  what  he  knew  of  the 
assassination  ? 

A.  No,  sir :  I  heard  — 


TUE     TRIAL.  395 

Assistant  Judge  Advocate  Bingiiajvi.  You  need  not  state  any 
thing  you  heard  him  say  there. 

Mr.  Ewing.  I  think  it  admissible,  as  explanatory  of  the  conduct 
of  the  accused  during  the  very  time  of  the  occurrence  of  the 
offences  charged,  —  because,  as  I  said  before,  one  of  the  offences 
charged  is  concealment,  which  relates  beyond  that  Sunday,  —  as 
showing  his  frame  of  mind,  his  information,  his  conduct. 

Assistant  Judge  Advocate  Bingham.    If  your  honors  please, 
that  is  not  the  point  here.     Supposing  the  declaration  to  be  that  he 
did  not  know  any  thing  about  them,  the  gentleman  claims  here  to 
prove,  on  his  own  motion,  the  declarations  of  Dr.  Mudd  on  Sunday 
at  church.     If  we  had  introduced  any  declarations  of  Dr.  Mudd  at 
that  time  and  place,  I  admit  the  well-known  rule  of  law  is,  that 
whatever  he  said,  and  all  that  he  said,  at  that  time,  is  admissible  on 
his  motion  ;  what  we  did  not  give  he  would  have  a  right  to  give  : 
but  I  deny  that  there  is  any  authority  for  introducing  testimony  of 
this  sort  as  to  his  declarations  at  that  time  about  this  transaction. 
That  is  the  question  now.     The  gentleman  read  a  while  ago  from 
a  text  that  everybody  is  familiar  with,  which  has  relation  to  the 
declarations  of  third  persons  not  parties  to  the  record.     There  is 
not  one  single  line  in  that  text  which  he  read  which  sustains  any 
position  he  assumes  here  in  regard  to  this  matter.     I  desire  to  read 
the  rule  that  does  apply  in  regard  to  the  prisoner  on  trial  and  his 
declarations,  —  Wharton's  "American  Criminal  Law,"  vol.  i.  p. 
858,  §  699  :    "  Declarations  made  by  a  prisoner  in  his  own  favor, 
unless  part  of  the  res  gestcB,  are  not  admissible  for  the  defence. 
Tims,  on  an  indictment  for  larceny,  the  defendant  cannot  give  in 
evidence  his  declarations,  at  the  time  of  the  arrest,  of  his  claims  of 
ownership  in  the  property  taken ;  and,  on  an  indictment  against  a 
prisoner  for  having  in  his  possession  coining-tools  with  intent  to  use 
them,  he  cannot  give  in  evidence  his  declaration  to  an  artificer,  at 
the  time  he  employed  him  to  make  such  instruments,  as  to  the  pur- 
pose for  which  he  wished  them  made.     One  indicted  for  murder 
cannot  give  in  evidence  his  own  conversations  had  after  going  half 
a  mile  from  the  place  of  murder.     And  so,  too,  when  a  prisoner,  in 
conversation  with  a  witness,  admitted  the  existence  of  a  particular 
fact  which  tended  strongly  to  establish  his  guilt,  but  coupled  it  with 


396  THE     TBIAL. 

an  explanation,  wliicli,  if  true,  would  exculpate  him,  it  was  held  that 
the  accused  could  not  show  that  he  had  made  the  same  statement 
and  explanation  to  others." 

So  it  goes  on  all  the  way  through.     There  is  the  law  in  regard  to 
this  matter.     The  man's  declarations  at  the  time  he  committed  that 
murder,  being  a  part  of  the  transaction,  were  admissible  ;  but,  after 
he  had  gone  half  a  mile,  they  were  inadmissible.     Here  is  a  party 
charged  with  harboring,  concealing,  and  comforting  a  man,  knowing 
him  to  be  the  murderer  of  the  President  of  the  United   States. 
What  he  said  in  connection  with  the  fact  of  his  harboring  and  con- 
cealing him,  at  the  time,  to  these  parties,  he  has  a  right  to  prove, 
because  we  have  brought  out  that  evidence  ourselves.     If  he  said 
any  thing  in  addition  to  what  we  have  proved,  he  has  a  right  to 
bring  it  out.     Everybody  knows  that.     But  we  have  introduced  no 
evidence  whatever  of  what  he  said  on  Sunday  at  church.     If  we 
had  introduced  any  evidence  of  that  sort,  I  admit  that,  on  the  prin- 
ciples I  have  before  stated,  the  accused  would  have  a  right  to  give 
ill  evidence  all  that  he  said  at  that  time  and  place  ;  but  we  have  not 
offered  any  such  evidence.    If  he  is  allowed  to  introduce  his  declara- 
tions on  Sunday  in  regard  to  that  transaction,  and  all  that  he  said 
then,  — because  the  question  implies  that  the  witness  is  to  tell  all  he 
did  say,  —  then  he  is  to  be  allowed  to  introduce  every  declaration 
he  may  have  made  from  that  Sunday  to  this  day,  to  everybody,  and 
at  every  place ;  and,  as  I  have  before  stated  to  the  Court  on  that 
subject,  the  law  has  hedged  itself  about  so  that  criminals  shall  not 
make  evidence  at  their  pleasure  in  that  way  on  their  own  behalf, 
and  adduce  it  in  court  to  exculpate  themselves  from  crime.     If  there 
were  such  a  rule  as  that,  it  would  be  an  end  of  the  administration 
of  justice,  provided  the  courts  should  give  credence  to  such  testi- 
mony. 

Mr.  Ewing.  I  wish  to  call  the  attention  of  the  Court  specially 
to  the  fact,  that  the  declaration  as  to  which  I  am  now  inquiring  was 
made  during  the  time  of  the  alleged  commission  of  the  oiFence  of 
concealment.  The  offence  of  concealment,  as  charged  and  as 
attempted  to  be  sustained  by  the  proof  on  the  part  of  the  G-overn- 
ment,  was  a  concealment  after  the  fact  of  the  persons  having  been 
there,  and  of  the  route  which  they  took ;  in  other  words,  a  conceal- 


THE     TRIAL.  397 

ment  after  their  departure,  as  well  as  during  their  stay.  According 
to  the  theory  of  the  prosecution,  he  was  committing  that  oiFenee 
during  all  that  time,  from  Saturday  till  the  following  Tuesday;  and 
I  say  his  declarations  at  the  time  of  the  alleged  commission  of 
the  oftence  are  admissible.  The  declaration  now  inquired  about  was 
on  Sunday,  showing  his  knowledge  and  frame  of  mind  with  refer- 
ence to  the  assassination  ;  and  therefore  I  think  it  admissible.  I 
assure  the  Court  that  I  do  not  wish  to  take  up  its  time  by  pressing 
upon  it  irrelevant  or  inadmissible  testimony  ;  and,  if  I  seem  pertina- 
cious, it  is  only  because  I  think  we  have  a  right  to  show  what  is 
here  offered.     I  ask  the  decision  of  the  Court  on  the  objection. 

The  Commission  sustained  the  objection  of  the  Judge  Advocate. 

Q.  [By  Mr.  Ewing,]  At  the  time  you  speak  of  having  made 
the  communication  to  the  officers,  was  any  thing  said  to  them  by  you 
about  Dr.  Samuel  Mudd's  having  gone  with  one  of  the  parties  for 
a  carriage  ?  and  if  so,  what  ? 

A.  I  told  them  so  ;  and  that  was  a  part  that  I  forgot  to  mention 
before.  I  told  them  that  Dr.  Sam.  Mudd  went  from  his  house  with 
the  younger  of  the  two  men  to  try  and  procure  a  carriage  to  take 
them  away  from  his  house ;  that  he  went  down  the  road  towards 
Bryantown,  and  failed  to  get  one ;  and  they  left  his  house  on  horse- 
back. 

Q.  Did  you  tell  them  any  thing  as  to  how  the  man's  leg  was 
broken  ? 

A.  Yes,  sir  :  I  think  I  told  them  that  one  bone  of  the  leg  was 
broken. 

Q.  Did  you  tell  them  any  thing  as  to  how  it  was  said  to  have 
occurred  'i 

A.   From  the  fall  of  a  horse. 

Q.  Will  you  state  the  distance  of  the  church,  at  which  you  said 
you  met  Dr.  Samuel  Mudd  on  the  Sunda}'  after  the  assassination, 
from  Bryantown? 

A.   I  should  suppose  it  to  be  about  six  miles  and  a  half. 

Q.    And  how  far  from  Dr.  Samuel  Mudd's  house? 

A.    Two  miles,  or  two  and  a  half. 

Q.    Did  you  give  them  any  descrijjtion  of  the  persons  of  those 
two  men  ?     If  so,  what  description  ? 
VOL.  II-  84 


398  THE     TRIAL. 

A.   I  do  not  think  I  gave  them  any. 

Q.  Will  you  state  whether  you  are  acquainted  with  Daniel  J. 
Thomas,  one  of  the  witnesses  for  the  prosecution  ? 

A.   I  know  him. 

Q.  Are  you  acquainted  with  the  reputation  in  which  he  is  held 
where  he  is  known  for  veracity  ? 

A.  His  reputation  for  veracity  has  always  been  very  bad,  I  think, 
since  ever  I  have  known  him. 

Q.    How  long  has  that  been  ? 

A.   I  have  known  him  since  a  boy. 

Q.  Could  you  state  what  his  reputation  for  veracity  was  before 
the  war  ? 

A.   I  do  not  think  any  better  than  since  the  war. 

Q.  From  your  knowledge  of  his  character  for  veracity,  would 
you  believe  him  under  oath  ? 

A.   If  there  were  a  motive  to  misstate  facts,  I  would  not.    . 

Q.  Do  you  know  any  thing  professionally  of  his  mental  condi- 
tion ? 

A.   I  have  considered  him  an  insane  man. 

Q.  State  to  to  the  Court  how  he  is  affected,  and  from  what 
cause. 

A.  I  have  seen  him  manifest  a  sufficiently  abnormal  condition 
of  mind  as  to  confer  in  the  courts  irresponsibility  for  a  criminal 
act.  He  is  not  always  so  insane  as  this,  however.  There  seem  to 
have  been  exacerbations  and  remissions  in  his  manifestations  of 
insanity.  Sometimes  I  have  met  him  when  he  was'  not  in  a  more 
disordered  condition  of  mind  than  eccentricity  would  imply,  or 
rather  not  much  more  than  an  eccentricity  apparently  the  matter 
with  him.  I  would  state,  that,  in  approaching  a  question  of  insan- 
ity, I  feel  great  diffidence  and  distrust.  Though  it  belongs  to  no 
profession  more  than  to  mine,  I  feel  as  if  I  shall  be  perplexed  when 
the  great  master-minds  of  the  country  who  have  studied  and  under- 
stand thoroughly  all  the  forms  of  medical  legal  jurisprudence,  as  I 
apprehend  gentlemen  of  the  Court  to  do,  particularly  the  Judges 
Advocate,  come  to  be  my  interrogators  on  the  subject  of  insanity. 

Q.  Does  his  reputation  for  veracity,  do  you  think,  arise  from  his 
insanity  alone  ? 


THE     TRIAL.  399 

A.  I  cannot  distinctly  say.  I  think  it  probable  that  his  veracity 
is  worse  when  the  insane  manifestations  are  stronger. 

Q.  Is  his  reputation  for  veracity  good  during  the  times  his  men- 
tal condition  appears  to  be  best  ? 

A.  I  have  never  heard  it  so  estimated,  and  I  have  never  so  esti- 
mated it. 

Cross-examined  by  Assistant  Judge  Advocate  Bingham  : 

Q.  Be  good  enough  to  tell  the  Court  what  works  you  have  read 
on  insanity  ? 

A.  I  have  not  read  many  works  specially  on  insanity,  except  as 
I  find  medical  jurisprudence. 

Q.    What  work  on  medical  jurisprudence  have  you  read  ? 

A.  Taylor's  and  others ;  and  I  have  read  a  good  deal  on  the 
matter  of  insanity  in  Dunglison's  works,  and  other  works  on  physi- 
ology. 

Q.  Do  any  of  them  indicate  how  crazy  a  m.an  has  to  be  before 
he  can  be  understood  to  be  able  to  tell  the  truth  ? 

A.   I  do  not  know  that  they  do  specially. 

Q.  Do  you  wish  to  be  understood  as  giving  it  as  your  opinion, 
to-day,  that  Dan.  Thomas  is  so  crazy  that  he  does  not  know  how  to 
tell  the  truth  ? 

A.  No,  sir  :  I  mean  to  say  that  there  seems  to  be  a  mental  and 
moral  insanity,  I  think. 

Q.    You  say  that  at  times  he  is  more  insane,  mentally  and  moral 
ly,  than  he  is  at  other  times  ? 

A.   I  think  so. 

Q.  And  that,  the  less  crazy  he  is,  the  more  likely  he  is  to  tell  the 
truth? 

A.  I  think  he  is  more  inclined  to  tell  extravagant  stories  and 
tales  when  he  is  excited  mentally. 

Q.  Do  you  know  how  he  was  when  he  swore  here  before  this 
Court  ? 

A.   I  do  not. 

Q.  Are  you  prepared  to  give  a  professional  opinion  that  he  was 
so  crazy  then  that  he  did  not  know  how  to  tell  the  truth  ? 

A.    No,  sir. 


400  THE     TRIAL. 

Q.  Do  you  know  what  condition  he  was  in  at  the  time  he  refers 
to  in  his  testimony,  when  he  heai'd  Dr.  Mudd  make  the  statement 
he  details  ? 

A.   I  do  not. 

Q.  You  cannot  state  whether  he  was  sensible  enough  then  to 
understand  the  truth  or  not? 

A.   I  cannot  exactly.     I  have  not  seen  him  often  of  late. 

Q.    What  is  moral  insanity  ? 

A.  I  look  upon  moral  insanity  where  a  person  is  particularly 
inclined  to  he  immoral.  That  is  the  view  I  take  of  it.  There  are 
various  ways. 

Q.    What  do  you  call  mental  insanity? 

A.  When  they  are  not  capable  of  discriminating  and  appreciat- 
ing things  as  the  sane  mind. 

Q.  Did  you  ever  know  Dan.  Thomas  when  he  was  able  to  walk 
about,  that  he  was  not  capable  of  understanding  plain  words  when  a 
man  spoke  to  him  about  plain  matters? 

A.  I  do  not  know  that  I  did ;  but  I  could  state  some  reasons 
why  I  have  considered  him  insane. 

By  the  Court  : 

Q.  What  is  the  form  of  insanity  under  which  Mr.  Thomas 
labors  ? 

A.  There  is  no  specific  form  that  I  know  of,  except  at  times  a  pe- 
culiar excitement,  and  inability  to  appreciate  matters  and  things  as 
other  people  do.  It  is  not  dementia ;  it  is  not  a  monomania ;  it  is 
not  what  is  called  aberration  of  mind.  There  are  certain  forms  of 
insanity  which  exacerbate  and  remit,  and  are  known  by  no  specific 
name  as  any  particular  form  of  insanity. 

Q.  Do  you  think  the  form  of  insanity  under  which  he  is  labor- 
ing would  lead  him  to  imagine  that  he  heard  a  conversation,  for 
instance,  that  he  never  did  hear  ? 

A.  I  have  seen  him  in  a  mood  of  mind  when  I  would  not  doubt 
but  that  he  would  be  so  insane. 

Q.    Would  fancy  that  he  had  heard  something  said  that  was  nc 

said? 

A.   Yes,  sir  :  I  have  known  him  to  labor  under  the  most  decidod 

delusions  and  hallucinations. 


THE     TRIAL.  401 

Q.  You  have  known  him  to  narrate  things  which  should  have 
occurred,  and  which  he  should  have  heard,  that  to  your  knowledge 
were  purely  imaginary,  —  that  he  never  did  heai*  ? 

A.   No  doubt  of  it :  yes,  sir. 

Q.    You  have  known  that  yourself? 

A.    Yes,  sir ;  oftentimes. 

Q.  How  long  have  you  entertained  the  opinion  that  Mr.  Thomas 
was  not  of  sound  mind  ? 

A.  I  went  to  a  family  school  in  our  neighborhood  with  Mr. 
Thomas  when  he  was  a  small  boy.  I  was  his  senior,  perhaps,  four 
or  five  years.  There  was  something  very  eccentric  and  amusing 
about  him  at  that  time,  different  from  other  boys ;  and  he  was  a 
source  of  amusement  in  the  way  of  eccentricity  to  his  schoolmates. 
Seven  or  eight  years  ago,  or  perhaps  longer  than  that,  his  insane 
condition  of  mind  seemed  to  manifest  itself  in  the  estimation  of 
everybody  in  our  neighborhood.  I  say  everybody,  —  yes,  I  be- 
lieve almost  every  one.  The  common  expression  was  that  Daniel 
Thomas  was  crazy. 

Q.  I  ask  the  question  of  time.  How  long  have  you  entertained 
that  opinion  ? 

A.   I  say,  seven  or  eight  years  ago. 

Q.  Have  you  ever  expressed  an  opinion  to  any  one  that  he  was 
a  man  not  of  sound  mind  ? 

A.  Over  and  over  again,  and  a  long  time  ago,  before  this 
war. 

Q,  Do  you  know  that  he  has  ever  been  objected  to  as  a  witness 
before  a  court  of  justice  on  the  ground  that  he  was  not  of  sound 
mind  ? 

A.   Not  that  I  know  of. 

Q.  Have  you  ever  known  him  to  be  a  witness  in  a  coui*t  of  jus- 
tice ? 

A.   Yes,  sir :  on  one  occasion  I  did. 

Q.    Was  his  evidence  objected  to  on  the  ground  of  insanity? 

A.   I  think  not. 

Q.    You  say  you  have  known  Dr.  Samuel  Mudd  a  good  while  ? 

A.   Yes,  sir. 

Q.    What  is  his  reputation,  —  a  loyal,  or  disloyal  man  ? 

34* 


402  THE     TRIAL. 

A.  From  my  association  with  him,  I  have  had  to  consider  him 
as  sympathizing  with  the  South. 

Q.  Did  you  ever  know  him  to  harbor  persons  who  were  rebels 
and  in  sympathy  with  the  South  ? 

A.   Never.     I  know  of  no  treasonable  or  disloyal  act  of  his. 

Q.  You  do  not  know  that  that  was  the  resort  of  persons  of  dis- 
loyal sentiments  ? 

A.  No,  sir.  I  have  generally  considered  Dr.  Sam.  Mudd  as 
very  temperate  in  his  discussions  and  expressions  relative  to  the 
war.  His  ordinary  matter  was  the  right  or  legality  of  secession, 
which  he  maintained.  He  has  generally,  however,  spoken  temper- 
ately, never  using  abusive  or  opprobrious  epithets  towards  th^ 
heads  of  the  Government.  In  saying  that  he  was  very  temperate 
in  this  regard,  I  must  add,  if  I  may  be  allowed,  very  much  more 
so  than  many  of  the  citizens  of  benighted  Charles  County,  in  South- 
ern Maryland. 

Q.  There  were  certain  local  military  organizations  in  the  neigh- 
borhood in  the  early  part  of  the  war,  companies  that  were  organ- 
ized :  what  was  their  object  ? 

■  A.  There  was  an  organization  at  Port  Tobacco,  the  object  of 
which,  I  think,  was  treasonable.  I  think  it  probable,  but  I  am  not 
satisfied  of  that.  That  was  my  impression  at  the  time,  though  it 
was  said  it  was  for  the  purpose  of  quelling  insurrections,  &c.,  in 
the  neighborhood.  It  may  have  been  so.  I  have  regarded  Dr. 
Sam.  Mudd,  for  several  months  prior  to  the  fall  of  Richmond  and 
the  surrender  of  the  rebel  army  of  Lee,  as  taking  a  very  handsome 
prospective  view  of  the  downfall  of  the  Rebellion.  I  remember 
administering  an  oath  to  him  last  year,  and  was  forcibly  impressed 
with  the  respect  and  reverence  with  which  he  took  the  oath,  making 
a  decided  contrast  from  many  others  to  whom  I  administered  the 
oath  on  that  occasion ;  and,  so  far  as  I  know,  he  has  abided  the 
provisions  of  that  oath. 

By  Mr.  Ewing  : 

Q.  When  did  you  administer  the  oath  you  speak  of  to  Samuel 
A.  Mudd  ? 

A.   It  was  at  the  time,  if  I  remember  rightly,  when  the  sense  of 


THE     TRIAL.  403 

the  people  was  taken  relative  to  the  calling  of  a  convention  to  frame 
a  new  constitution  for  the  State  of  Maryland, — in  June  or  July 
of  last  year :  I  do  not  remember,  or  it  may  have  been  earlier. 

Q.    Were  you  acting  in  an  official  capacity  ? 

A.  I  was  rather  improvised  by  two  of  the  judges  as  the  chief 
judge  of  the  election  that  day,  in  the  absence  of  the  judge.  I 
think  I  administered  the  oath  to  some  two  hundred  that  day. 

Q.  For  how  long  a  time  past  has  he  spoken  of  the  downfall  of 
the  Rebellion  as  being  assured  ? 

A.  I  think  from  and  after  that  time,  so  far  as  I  can  gather,  if 
not  before. 

Colonel  Martin  Burke,  U.  S.  A., 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

By  the  Judge  Advocate  : 

Q.  Will  you  state  to  the  Court  whether  you  knew  Robeii,  C. 
Kennedy,  who  was  hanged  at  New  York  in  March  last  ? 

A.    Yes,  sir.     I  had  charge  of  him,  and  had  him  hung. 

Q.  [Exhibiting  a  paper  in  writing  to  the  witness.]  Look  at 
that  paper,  and  say  whether  or  not  it  is  the  confession  he  made  be- 
fore his  death. 

A.   It  is  the  statement  made  in  my  presence  by  him. 

Q.    How  long  before  his  execution  ? 

A.  I  do  not  recollect  exactly.  It  could  not  have  been  very 
long,  —  I  think  a  day  or  so  before. 

The  paper  was  read,  as  follows  :  — 

Confession  of  Robert   C.  Kennedy. 

After  my  escape  from  Johnson's  Island,  I  went  to  Canada,  where 
I  met  a  number  of  Confederates.  They  asked  me  "if  I  was  will- 
ing to  go  on  an  expedition."  I  replied,  "  Yes,  if  it  is  in  the  service 
of  my  country."  They  said,  "  It  is  all  right,"  but  gave  no  inti- 
mation of  its  nature,  nor  did  I  ask  for  any.  I  was  then  sent  to 
New  Yoik,  where  I  staid  some  time.  There  were  eight  men  in 
our  party,  of  whom  two  tied  to  Canada.      After  we  had  been  in 


404  THE     TRIAL. 

New  York  tbree  weeks,  we  were  told  that  the  object  of  the  expe- 
dition was  to  retaliate  on  the  North  for  the  atrocities  in  the  Shen- 
andoah Valley.  It  was  designed  to  set  fire  to  the  city  on  the  night 
of  the  Presidential  election ;  but  the  phosphorus  was  not  ready, 
and  it  was  put  oflf  until  the  25th  of  November.  I  was  stopping 
at  the  Belmont  House,  but  moved  into  Prince  Street.  I  set  fire 
to  four  places,  —  Barnum's  Museum,  Lovejoy's  Hotel,  Tammany 
Hotel,  and  the  New-England  House.  The  others  only  started  fires 
in  the  house  where  each  was  lodging,  and  then  ran  off.  Had  they 
all  done  as  I  did,  we  would  have  had  thirty-two  fires,  and  played 
a  huge  joke  on  the  fire-department.  I  know  that  I  am  to  be  hung 
for  setting  fire  to  Barnum's  Museum ;  but  that  was  only  a  joke.  I 
had  no  idea  of  doino-  it.  I  had  been  drinkino-,  and  went  in  there 
with  a  friend ;  and,  just  to  scare  the  people,  I  emptied  a  bottle  of 
phosphorus  on  the  floor.  We  knew  it  wouldn't  set  fire  to  the 
wood ;  for  we  had  tried  it  before,  and  at  one  time  concluded  to  give 
the  whole  thing  up. 

There  was  no  fiendishness  about  it.  After  setting  fire  to  my 
four  places,  I  walked  the  streets  all  night,  and  went  to  the  Ex- 
change Hotel  early  in  the  morning.  We  all  met  there  that  morn- 
ing and  the  next  night.  My  friend  and  I  had  rooms  there ;  but 
we  sat  in  the  office  nearly  all  the  time,  reading  the  papers,  while 
we  were  watched  by  the  detectives,  of  whom  the  hotel  was  full.  I 
expected  to  die  then  ;  and,  if  I  had,  it  would  have  been  all  right : 
but  now  it  seems  rather  hard.  I  escaped  to  Canada,  and  was  glad 
enough  when  I  crossed  the  bridge  in  safety. 

I  desired,  however,  to  return  to  my  command,  and  started  with 
my  friend  for  the  Confederacy,  via  Detroit.  Just  before  entering 
the  city,  he  received  an  intimation  that  the  detectives  were  on  the 
lookout  for  us ;  and,  giving  me  a  signal,  he  jumped  from  the  cars. 
I  didn't  notice  the  signal,  but  kept  on,  and  was  arrested  in  the 
depot. 

I  wish  to  say  that  killing  women  and  children  was  the  last  thing 
thought  of.  We  wanted  to  let  the  people  of  the  North  understand 
that  there  are  two  sides  to  this  war  ;  and  that  they  can't  be  rolling 
in  wealth  and  comfort  while  we  at  the  South  are  bearing  all  the 
hardships  and  privations. 


THE     TRIAL.  405 

In  retaliation  for  Sheridan's  atrocities  in  the  Shenandoah  Valley, 
we  desired  to  destroy  property,  not  the  lives  of  women  and  chil- 
dren ;  although  that  would,  of  course,  have  followed  in  its  train. 

Done  in  the  presence  of 

LiEUT.-CoL.  Martin  Burke, 

And  J.  Howard,  Jr. 

March  24, 10.30,  p.m. 

HosEA  B.  Carter, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

By  the  Judge  Advocate  : 

Q.    Where  do  you  reside  ? 

A.   In  New  Hampshire. 

Q.  State  whether  or  not  you  were  in  Montreal,  Canada,  during 
the  last  fall. 

A.   I  was. 

Q.    In  what  hotel  were  you  there  ? 

A.   St.  Lawrence  Hall. 

Q.  Did  you  or  not  meet  there  George  N.  Sanders,  Jacob 
Thompson,  Clement  C.  Clay,  and  J.  Wilkes  Booth,  or  any  of 
them  ? 

A.   I  did. 

Q.    Name  the  persons  of  that  circle  whom  you  met. 
"    A.    George  N.  Sanders,   Beverly  Tucker,   Dr.  Blackburn,  J. 
Wilkes  Booth,  Dr.  Pollen,  and  many  others  whose  names  I  do  not 
now  remember. 

Q.    Do  you  remember  Jacob  Thompson  among  them  ? 

A.  I  do  not  remember  that  I  saw  Thompson  there.  I  saw 
Thompson  at  Niagara  Falls  on  the  17th  of  June. 

Q.    How  long  were  you  at  that  hotel  in  Montreal  ? 

A.  From  the  9th  or  10th  of  September  until  the  first  day  of 
February  last. 

Q.  State  whether  or  not  you  observed  the  men  whom  you  have 
named  in  intimate  association  with  each  other  during  that  time. 

A.  All  the  Southerners  that  boarded  at  the  house  —  there  were 
some  twenty  or  thirty  of  them  —  usually  associated  together,  and 


406  THE     TRIAL. 

very  little  witli  otlier  people  who  came  there,  either  Englishmen  or 
Americans. 

Q.    Did  you  know  J.  Wilkes  Booth  before  that  time  ? 

A.   I  did. 

Q.  Did  you  observe  him  in  intimate  association  with  Sanders 
and  others  of  that  class  in  Montreal  ? 

A.   I  did. 

Q.    Frequently  ? 

A.   Frequently. 

Q.  Look  at  the  prisoners  at  the  bar,  and  see  whether  you  recog- 
nize any  of  them  as  the  persons  that  you  met  in  Canada. 

A.   I  cannot  swear  to  either  of  them. 

Q.  Do  you  remember  to  have  heard  the  name  of  John  Surratt 
spoken  of  there  in  this  circle  of  men  ? 

A.   I  do  not  know  that  I  do. 

Q.    Do  you  remember  having  heard  the  name  of  Payne  ? 

A.  Yes,  sir  :  I  used  to  see  Payne  every  morning  nearly,  but 
not  the  man  that  you  call  Payne  here.  There  were  several  Paynes, 
brothers. 

Q.    There  was  a  man  there  of  that  name  ? 

A.  There  was  a  Payne,  — I  think  they  called  him  John,  —  one 
of  the  Payne  brothers.  Two  of  them  were  arrested  for  the  St. 
Albans  raid  ;  and  one  of  them  was  afterwards  discharged,  I  believe. 

Q.    You  say  that  is  not  the  same  person  who  is  here  ? 

A.  I  do  not  think  it  is  the  same  person.  This  man  [pointing  to 
Lewis  Payne,  one  of  the  accused]  looks  something  like  Payne ; 
but  I  do  not  think  I  have  ever  seen  him  before. 

Q.  Was  Dr.  Blackburn  there  the  greater  part  of  the  time  you 
speak  of? 

A.  Yes,  sir.  I  think  he  came  there  when  the  Donegana  Hotel 
closed,  which  was  about  the  20th  of  October  last. 

Q.  Did  he  or  not  seem  to  be  associated  with  J.  Wilkes  Booth, 
Beverly  Tucker,  and  the  others  you  have  named,  on  terms  of 
intimacy  ? 

A.  He  was  with  all  but  Booth.  Whether  he  came  there  before 
Booth  did,  I  cannot  say ;  but  he  was  one  of  that  clique  of  men  who 
were  to";ether  known  there  as  Confederate  men. 


THE     TRIAL.  407 

Cross-examined  by  Mr.  Doster  : 

Q.  You  say  you  saw  in  Canada  two  persons  by  the  name  of 
Payne,  neither  of  whom  was  the  prisoner  at  the  bar  ? 

A.    Yes,  sir. 

Q.  Did  you  hear  any  thing  about  those  persons,  or  where  they 
,anie  from  ? 

A.    Only  what  I  heard  from  reputation. 

Q.    What  did  you  hear  ? 

A.  I  heard  that  they  were  a  party  who  originally  came  from 
Kentucky,  and  that  they  had  been  in  the  counterfeiting  business. 

Q.    What  were  their  names,  do  you  know  ? 

A.  I  do  not  remember  their  first  names,  except  that  I  think  one 
was  named  John. 

Q.    What  time  was  it  when  you  saw  those  men  ? 

A.  In  October,  some  time.  The  John  Payne  that  boarded  there 
used  to  go  to  the  house  every  day  from  the  time  I  went  there  until 
I  came  away. 

Q.  Did  you  see,  about  the  same  time  that  you  knew  those 
Paynes,  a  man  by  the  name  of  Montgomery? 

A.   I  saw  no  man  that  was  called  by  that  name,  I  think. 

Q,  Did  you  ever  see  those  two  Paynes  in  company  with  a  man 
named  Cleary  ? 

A.  I  think  I  have  seen  Cleary  there,  and  I  think  I  have  seen 
John  Payne  with  him;  but  I  cannot  say  I  have  seen  the  other 
Payne  with  him. 

Q.  Did  you  ever  see  them,  or  either  of  them,  in  company  with 
Clement  C.  Clay? 

A.   I  never  saw  Clay  but  very  little  at  St.  Lawrence  Hall. 

Q.  You  say  you  have  seen  one  of  them  in  company  with 
Cleary  ? 

A.  I  think  so  :  I  would  not  say  positively ;  but  I  have  seen 
them  in  com.pany  with  Sanders  and  Tucker  and  Blackburn  every 
day. 

By  the  Judge  Advocate  : 

Q.  Can  you  name  any  other  rebels  who  were  in  Canada,  and 
who  seemed  to  constitute  a  part  of  this  circle  of  which  you  have 
been  speaking? 


408  THE     TRIAL. 

A.  Yes,  sir  :  the  rebel  general  Carroll,  from  Memphis,  Tenn., 
I  think  ;  Dr.  Wood,  a  young  man  about  thirty-five  years  of  age  ; 
a  gentleman  by  the  name  of  Clark  ;  an  old  gentleman  from  Flor- 
ida, that  wore  a  cue,  —  I  think  his  name  was  Westcott. 

Q.  Do  you  remember  a  man  from  Indiana  by  the  name  of 
Dodd? 

A.   I  do  not  place  him  now. 

Q.    A  man  by  the  name  of  J.  C.  Walker  ? 

A.  No.  I  knew  many  men  there,  and  saw  them  every  day, 
whose  names  I  did  not  know.  They  rather  gave  me  the  cold 
shoulder,  after  they  came  to  suppose  my  sympathies  were  with  the 
North,  and  had  very  little  to  say  to  me  ;  and  I  had  no  disposition 
to  mix  with  them. 

By  Mr.  Aiken  : 

Q.  Did  you  use  to  see  a  gentleman  about  the  St.  Lawrence 
Hotel  by  the  name  of  Wallace? 

A.  I  have  heard  the  name  of  Wallace ;  but  I  cannot  associate 
it  with  any  face  now. 

Q.  You  cannot  recollect  him  well  enough  to  identify  him  at  all, 
can  you  ? 

A.   No  :  not  by  the  name  of  Wallace. 

Q.    Do  you  recollect  a  Dr.  Merritt  ? 

A.  No,  sir  :  I  might  remember  him  if  I  could  see  his  face  or 
his  photograph.  My  memory  of  names  is  not  very  good ;  but  my 
memory  of  faces  is  very  good. 

Q.  Did  Clement  C.  Clay  have  a  room  at  the  St.  Lawrence  Hall 
Hotel  ? 

A.  I  could  not  say.  The  other  parties  that  I  have  mentioned 
did,  with  the  exception  of  Pay  net 

Q.    Did  you  use  to  see  Payne  go  to  their  rooms  ? 

A.  No,  sir.  I  have  seen  him  go  up  stau'S,  and  afterwards 
come  down  stairs  again,  and  go  in  the  direction  of  then-  rooms  :  and 
I  once  saw  him  come  out  of  Sanders's  room  ;  but  I  never  saw  him 
go  into  their  rooms. 

Q,    He  bore  no  resemblance  to  any  of  the  prisoners  at  the  bar? 

A.   He  looked  a  very  little  like  that  one  [pointing  to  the  pris- 


THE     TRIAL.  409 

oner,  Lewis  Payne]  ;  but  he  is  an  older  man.  He  may  be  some 
relation  to  him ;  but  I  should  hardly  think  it. 

Q.    It  is  not  that  one  [Payne]  ? 

A.  I  should  not  think  he  was  a  relation  of  his.  There  is  no 
family  resemblance,  so  that  I  would  say  he  was  of  the  same  family ; 
but  then  it  might  be. 

Godfrey  Joseph  Hyams, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q.    Will  you  state  to  the  Court  where  you  reside  ? 

A.   I  reside  now  in  Detroit,  Mich. 

Q.    Where  did  you  reside  during  the  past  year  ? 

A.   In  Toronto,  Canada. 

Q.  Will  you  state  whether,  while  there,  you  made  the  acquaint- 
ance of  a  Dr.  Blackburn  ? 

A.  Yes,  sir :  in  the  Queen's  Hotel,  some  time  about  the  middle 
of  December,  1863. 

Q.    You  have  known  him  since  then  ? 

A.  Yes,  sir.  I  knew  him  previous  to  that  by  sight.  I  never 
had  any  conversation  with  him  before  that. 

Q.    You  knew  him  as  a  Confederate  in  the  Confederate  service  ? 

A.  I  did  not  know  as  to  that  particularly.  I  did  not  know  that 
he  was  in  the  Confederate  service. 

Q.   I  mean  that  he  was  doing  his  work  for  the  Rebellion  ? 

A.   Yes,  sir. 

Q.  Will  you  state  what  arrangements,  if  any,  this  Dr.  Black- 
bum  made  with  you  for  the  purpose  of  introducing  the  yellow-fever 
into  the  cities  of  the  United  States  ?  Give  all  the  particulars  of 
that  arrangement,  and  what  was  done  under  it. 

A.  I  was  introduced  to  him  through  the  Rev.  Stuart  Robinson, 
at  the  Queen's  Hotel,  in  Toronto.  Dr.  Blackburn  was  then  about  to 
take  South  some  men,  soldiers  who  had  escaped  from  Federal  prisons ; 
and  I  asked  to  go  South  myself.  He  asked  me  if  I  wanted  to  go 
South  and  serve  the  Confederacy.  I  said  I  did.  He  then  told  me 
vol..  II.  35 


410  THE     TRIAL. 

to  come  up  stairs ;  lie  wanted  to  speak  to  me.  He  took  me  up 
stairs  in  a  private  room  ;  and  lie  pledged  his  word  there  as  a  Free- 
mason, and  offered  his  hand  in  friendship,  that  he  would  never  de- 
ceive me,  and  wanted  to  place  confidence  in  me  for  an  expedition. 
He  then  asked  me  if  I  would  like  to  go  on  an  expedition.  I  told 
him  I  would  not  care  if  I  did.  He  said  I  would  make  an  inde- 
pendent fortune  by  it ;  that  I  would  make  at  least  one  hundred 
thousand  dollars  ;  that  I  would  get  more  honor  and  glory  to  my 
aame  than  General  Lee  had  ;  and  that  I  would  be  of  more  assistance 
to  the  Confederate  Government  than  if  I  was  to  take  one  hundred 
thousand  soldiers  to  re-enforce  General  Lee.  I  considered  all  that, 
and  pledged  my  word  that  I  would  go,  and  said  I  would  go  if  I 
could  do  any  good.  He  then  told  me  that  he  wanted  me  to  take  a 
certain  quantity  of  clothing  —  he  did  not  state  how  much,  but  he 
said  they  would  consist  of  shirts  and  coats  and  under-clothing  — 
into  the  States,  and  dispose  of  them  by  auction  ;  that  I  was  to  take 
them  to  Washington  City,  to  Norfolk,  and  as  far  South  as  I  could 
possibly  go  where  the  Federal  Government  held  possession  and  had 
the  most  troops,  and  to  sell  them  on  a  hot  day  or  of  a  night ;  that 
it  did  not  matter  what  money  I  got  for  the  clothes ;  I  should  just 
dispose  of  them,  and  come  away. 

Q.    What  did  he  tell  you  he  would  give  you  for  this  service  ? 

A.  He  told  me  I  should  have  $100,000  for  it,  and  $60,000  of 
it  directly  after  I  landed  back  at  Toronto ;  but  he  said  that  would 
not  be  a  circumstance  to  what  I  should  get.  He  said  I  might  make 
ten  times  $100,000. 

Q.  In  what  way  were  you  to  get  possession  of  these  trunks  of 
clothes  ? 

A.  I  was  to  stay  in  Toronto,  and  go  on  with  my  legitimate 
business  until  I  heard  from  him.  He  told  me  I  must  go  back  to 
my  business ;  keep  quiet ;  and,  if  I  moved  anywhere,  I  was  to 
acquaint  Dr.  Stuart  Robinson  where  I  went  to,  and  he  would  tele- 
graph for  me,  or  write  to  me  through  him,  some  time  about  the  first 
of  May,  or  some  time  in  the  month  of  May,  1864.  I  went  to  my 
work,  and  worked  on  until  the  8th  day  of  June,  1864.  It  was  on  a 
Saturday  night.  I  had  been  out  to  take  a  pair  of  boots  home  to  a 
customer  of  mine;  and,  when  I  returned  home,  my  wife  had  a  letter 


THE     TRIAL.  411 

for  me  from  Br.  Stuart  Robinson,  which  he  had  left  in  passing 
there.  I  read  the  letter  ;  I  went  out  to  see  Dr.  Robinson  ;  and  I 
asked  him  what  I  was  to  do  about  it :  he  said  he  did  not  know  any 
thing  at  all  about  it ;  that  he  did  not  want  to  furnish  any  means  to 
commit  an  overt  act  against  the  United-States  Government ;  that  the 
best  thing  I  could  do  would  be  to  wait  until  Monday,  and  then  bor- 
row as  much  money  as  would  take  me  down  to  Montreal  from  Mr. 
Preston.  I  then  borrowed  some  money  from  Mr.  Preston,  who  keeps 
the  tobacco  manufactory  at  Toronto,  and  went  down  to  Montreal, 
and  there  got  money  from  Mr.  Slaughter,  according  to  the  directions 
contained  in  the  letter.  The  letter  contained  instructions  as  to  what 
was  to  be  done,  and  that  I  was  to  proceed  from  Montreal  to  Halifax 
to  meet  Dr.  Blackburn.  He  wrote  the  letter  on  the  10th  of  May, 
1864,  from  Havana:  it  was  dated  "  Havana,  May  10, 1864."  I 
went  down  to  Halifax,  and  went  to  a  gentleman  there  by  the  name 
of  Alexander  H.  Keith,  Jr. ,  and  remained  under  his  care  until  Dr. 
Blackburn  arrived  in  the  steamer  "Alphia"  on  the  12th  of  July, 
1864.  When  Dr.  Blackburn  arrived  there,  he  sent  down  to  the 
hotel  where  I  was  staying  —  the  Farmer's  Hotel  —  for  me  ;  and  I 
went  to  see  him.  He  then  told  me  that  the  goods  were  on  board 
the  steamer  ''Alphia,"  and  that  the  second  officer  on  the  steamer 
"Alphia"  would  go  with  me  and  get  the  goods  off,  as  they  had  been 
smuggled  in  from  Bermuda.  I  went  to  see  Mr.  Hill,  the  second 
officer,  and  he  told  me  to  get  an  express-wagon.  The  proprietor  of 
the  hotel  where  I  was  stopping  kept  an  express-wagon ;  and  I  took 
it  down  to  the  steamboat-landing,  —  it  was  Cunard's  steamboat- 
wharf, — and  I  there  got  eight  trunks  and  a  valise.  He  directed  me 
to  take  them  to  my  hotel,  and  put  them  in  a  private  room  there.  I 
got  the  trunks,  took  them  to  the  hotel,  and  put  them  in  a  private 
room,  —  in  Mr.  Doran's  private  sitting-room.  I  then  went  round 
to  Dr.  Blackburn,  and  told  him  I  had  got  the  goods  off  the 
steamer.  He  then  told  me  that  the  five  trunks  tied  up  with  ropes 
were  the  ones  for  me  to  take  ;  and  he  asked  me  if  I  would  take  the 
valise  into  the  States,  and  send  it  by  express,  with  an  accompanying 
letter,  as  a  donation  to  President  Lincoln.  I  objected  to  taking  it, 
and  refused  to  do  it.  I  then  took  three  trunks  and  a  valise  round 
to  his  hotel.     He  was  then  staying  at  the  Halifax  House.     The 


412  THE     TRIAL. 

trunks  had  Spanish  marks  upon  them ;  and  he  told  me  to  scratch  or 
scrape  them  off,  and  that  INIr,  Hill  would  go  with  me  the  next 
morning,  and  make  arrangements  with  some  captain  of  a  vessel  to 
take  them.  There  were  two  vessels,  two  barks,  there  then,  running 
to  Boston ;  and  I  was  to  make  an  arrangement  with  either  one  of 
the  two  to  smuo-orle  the  trunks  into  Boston.  The  next  momino:,  I 
went  down  with  Mr.  Hill,  the  second  officer  of  the  "  Alphia,"  to  those 
vessels.  I  do  not  know  the  name  of  the  first  vessel  to  which  we 
made  application  ;  but  the  captain  of  it  was  a  Captain  McGregor. 
What  Mr.  Hill  said  to  him  I  cannot  say ;  it  was  private  conversa- 
tion :  but  he  refused  to  take  the  goods.  The  next  that  we  went  to 
was  the  bark  "  Halifax,"  Captain  John  O'Brien.  JVlr.  Hill  stated  to 
Captain  O'Brien  that  I  had  some  goods  in  the  trunks  that  I  wanted 
to  take  to  my  friends ;  that  they  consisted  of  presents  that  I  was 
going  to  give  to  my  acquaintances,  —  silks,  satin  dresses,  and  so  on. 
The  captain  and  ]Mr.  Hill  had  a  private  conversation  together;  and, 
when  the  captain  came  out,  he  consented  to  take  them,  and  I  was 
to  give  him  a  twenty-dollar  gold-piece  for  smuggling  them  in.  I 
put  them  on  board  the  vessel  that  day,  and  he  stowed  them  away. 
The^  vessel  laid  five  days  at  Boston  before  he  could  get  a  chance  to 
get  them  off;  but  he  finally  succeeded  in  getting  them  off  the  bark 
for  me,  and  expressed  them  to  Philadelphia.  I  got  them  at  Phila- 
delphia, and  brought  them  to  Baltimore.  I  there  took  out  the 
goods,  arranged  them,  bought  some  new  trunks,  and  brought  them 
to  this  city.  I  turned  over  five  of  the  trunks  ta  Messrs.  Wall  & 
Co.,  in  this  city ;  and  gave  four  to  a  man  by  the  name  of  Myers,  he 
said,  from  Boston.  I  understood  from  him,  at  the  time,  that  he  was  a 
sutler  in  Sigel's  or  Weitzel's  division.  He  said  he  had  some  goods 
that  he  was  going  to  take  to  Newbern,  in  North  Carolina ;  and,  as 
my  instructions  were  to  make  the  best  markets  I  possibly  could,  I 
told  him  that  I  had  a  lot  more  of  goods  that  I  wanted  to  sell,  audi 
to  make  the  best  market  I  could  for  them  ;  and  that  I  would  turaj 
over  to  him,  on  commission,  a  lot  of  goods  that  I  had.  I  also  told] 
him  I  did  not  know  how  quick  it  would  be  that  I  would  have  more ; 
that  Wall  &  Co.  had  some.  Dr.  Blackburn  told  me  at  the  time, 
that,  when  I  was  making  arrangements,  I  should  let  them  know  that] 
I  would  have  a  big  lot  of  goods  to  dispose  of,  as  it  was  in  contem- 


THE     TRIAL.  413 

plation  to  get  together  about  a  million  of  dollars'  worth  of  goods  in 
the  summer,  and  dispose  of  them  in  this  way. 

Q.  What  did  he  state  to  you  was  his  object  in  having  these  goods 
disposed  of  in  this  way  in  the  different  cities  ? 

A.  To  destroy  the  armies ;  to  destroy  anybody  —  it  did  not 
matter  who  —  that  they  came  in  contact  with. 

Q.  Did  he  not  state  to  you  that  all  these  goods  were  carefully 
infected  by  him  with  the  yellow-fever  ? 

A.   Yes,  sir. 

Q.    In  Bennuda? 

A.   Yes,  sir  ;  in  Bermuda. 

Q.  Did  he  explain  to  you  the  process  by  which  he  had  infected 
them? 

A.  No,  sir ;  he  did  not.  He  told  me  that  there  were  other  par- 
ties connected  with  him ;  but  he  did  not  say  who  they  were.  That 
was  about  infecting  other  goods  with  the  small-pox  and  yellow-fever, 
and  other  diseases,  to  bring  here. 

Q.  Did  you  not  understand  from  him  that  the  goods  in  this  valise, 
which  was  intended  to  be  sent  to  President  Lincoln,  had  also  been 
carefully  infected  with  the  fever  ? 

A.  I  understood  him  to  say  that  they  were  infected  both  with 
the  yellow-fever  and  small-pox. 

Q.    The  goods  intended  for  President  Lincoln? 

A.   Yes,  sir. 

Q.    But  you  declined  taking  charge  of  that  valise? 

A.  I  declined  taking  charge  of  it,  and  turned  it  over  to  hun  at 
the  Hahfax  Hotel. 

Q.  Did  you  ever  learn  from  him  afterwards  whether  he  had  been 
successful  in  sending  that  valise  to  the  President  ? 

x\.  No,  sir ;  I  did  not :  but  I  have  heard  that  it  was  sent  to 
him. 

Q.  What  disposition  did  you  make  of  these  infected  goods  which 
you  brought  to  Washington  ? 

A.  I  turned  them  over  to  W.  L.  Wall  &  Co.,  auction  and  com- 
mission merchants,  and  requested  an  advance  upon  the  goods.  They 
gave  me  an  advance ;  and  I  then  left  town,  and  started  for  Canada. 

Q.    Do  you  remember  the  date  of  that  transaction  ?  • 
35* 


414  THE     TRIAL. 

A.   I  think  it  was  somewhere  about  the  5th  of  August,  1864. 

Q.    How  many  packages  did  you  leave  with  them  ? 

A.  Five  trunks.  There  was  one  of  the  trunks,  a  middling-sized 
one,  the  largest  in  the  lot,  that  was  always  spoken  of  to  me  by  Dr. 
Blackburn  as  "  big  No.  2  ;  "  and  he  said  I  must  be  sure  to  have 
that  sold  here  in  Washington. 

Q.  Did  you  send  any  others  farther  South,  or  leave  them  all 
here  ? 

A.  No,  sir :  I  turned  over  the  rest  to  this  Myers,  who  was  going 
to  Norfolk  on  board  a  steamboat.  I  applied  for  a  pass  to  go  there ; 
but  General  Butler,  in  answer  to  my  application,  stated  that  the 
army  was  about  to  move,  under  an  order  from  General  Grant,  I 
believe,  changing  its  position,  and  no  passes  could  be  given  to  any 
person  except  those  connected  with  the  army. 

Q.  Will  you  state  what  occurred  on  your  return  to  Canada  from 
this  expedition  ? 

A.  I  went  straight  through  until  I  got  to  Hamilton,  where  I  had 
to  wait  for  a  change  of  cars.  When  I  got  to  Hamilton,  I  went  into 
the  waiting-room,  and  there  met  Mr.  Holcombe  and  Mr.  Clay. 

Q.    Clement  C.  Clay? 

A.  Yes,  sir ;  Clement  C.  Clay.  They  both  rose  up  and  shook 
hands  with  me,  and  congratulated  me  on  my  safe  return  and  upon 
my  making  a  fortune.  They  told  me  I  should  be  a  gentleman  for 
the  future,  instead  of  a  mechanic,  a  working-man.  I  telegraphed 
at  the  same  time  to  Dr.  Blackburn  from  Hamilton.  He  was  then 
staying  at  the  Donegana  Hotel  in  Montreal.  Mr.  Holcombe  told 
me  that  Dr.  Blackburn  was  there,  and  that  I  had  better  telegraph 
to  him,  stating  that  I  had  returned ;  and  that  it  was  also  the  request 
of  Dr.  Blackburn  that  I  should  telegraph  him  as  soon  as  I  got  in 
Canada.  I  did  so ;  and  the  next  night,  between  eleven  and  twelve 
o'clock,  Dr.  Blackburn  came  up,  and  knocked  at  the  door  of  my 
house.  I  was  in  bed  at  the  time.  I  looked  out  of  the  window,  and 
saw  Dr.  Blackburn  there.  Said  he,  "  Come  down,  Hyams,  and 
open  the  door :  you're  like  all  damned  rascals  who  have  been  doing 
something  wrong,  — you're  afraid  the  Devil  is  after  you."  He  was 
in  company  with  Burnett  H.  Young.  I  came  down,  and  let  him 
in;  and  he  asked  me  how  I  had  disposed  of  the  goods,  and  I  told 


THE     TRIAL.  415 

him.  **  Well,"  said  he,  "  that  is  all  right  as  long  as  '  big  No.  2  ' 
went  into  Washington :  it  will  kill  them  at  sixty  yards'  distance." 
I  then  told  the  doctor  that  every  thing  had  gone  wrong  at  my  home 
in  my  absence  ;  that  I  needed  some  funds ;  that  my  family  needed 
money.  He  said  he  would  go  to  Colonel  Jacob  Thompson,  and 
make  arrangements  for  me  to  draw  upon  him  for  any  amount  of 
money  I  required.  He  then  said  that  the  British  authorities  had 
solicited  his  services  in  attending  to  the  yellow-fever  that  was  then 
raging  in  Bermuda ;  that  he  was  going  on  there ;  and  that,  as  soon 
as  he  came  back,  he  would  see  me.  I  went  up  to  Jacob  Thompson 
the  next  morning,  and  told  him  what  Dr.  Blackburn  had  said.  He 
said,  "  Yes  :  Dr.  Blackburn  had  been  there,  and  had  made  arrange- 
ments for  me  to  draw  $100  whenever  it  was  shown  that  I  had  made 
disposition  of  the  goods  according  to  his  direction."  I  told  him  I 
needed  some  money,  and  wanted  some ;  that  I  had  been  so  long 
away  from  home,  that  every  thing  was  gone,  and  I  wanted  some  money 
to  get  along,  pay  rent,  &c.  Said  he,  "I  will  give  you  $50  now  ; 
but  it  is  against  Dr.  Blackburn's  request :  when  you  show  me  that 
you  sold  the  goods,  I  will  then  give  you  the  balance."  He 
asked  me  to  give  him  a  receipt;  and  I  gave  him  a  receipt :  "  Re- 
ceived of  Jacob  Thompson  the  sum  of  $50,  on  account  of  Dr. 
Blackburn." 

Q.    When  was  that  ? 

A.  That  was  about  the  11th  or  12th  of  August  last.  The  next 
day  I  wrote  a  letter  to  Messrs.  Wall  &  Co.,  of  Washington,  stat- 
ing that  I  had  got  to  Canada,  and  requesting  them,  if  they  had 
sold  the  goods,  to  remit  the  proceeds  to  me,  and  an  account  of  the 
sales,  in  order  that  I  might  show  Colonel  Thompson  that  I  had  sold 
them,  I  received  an  answer  from  W.  L.  Wall,  and  I  took  it  up 
to  Colonel  Thompson.  He  then  said  he  was  perfectly  satisfied  I 
had  done  my  part ;  and  he  then  gave  me  a  check  for  $50  on  the 
Ontario  Bank,  and  I  had  to  give  him  a  receipt  for  it.  I  gave  it 
to  him  in  my  own  name  :  "  Received  from  Jacob  Thompson  $100, 
in  full,  on  account  of  Dr.  Luke  P.  Blackburn." 

Q.    Where  is  he  from  ? 

A.    From  Kentucky,  originally. 

Q.    Will  you  state  whether  or  not  Jacob  Thompson,  in  all  your 


416  THE     TRIAL, 

conversations  with  him,  seemed  to  have  a  perfect  knowledge  of  the 
character  of  the  goods  which  you  had  been  selling,  and  the  pur- 
pose for  which  they  were  sold  ? 

A.  Yes,  sir. 

Q.    Did  you  understand  him  fdlly  to  approve  it  ? 

A.   Yes,  sir :  he  knew  all  about  it. 

Q.  Did  you  mention  to  him  the  large  sum  which  had  been  prom- 
ised you  by  Dr.  Blackburn  for  this  service  ? 

A.  I  did ;  and  Mr.  Holcombe  told  me,  as  well  as  Mr.  Thomp- 
son, that  the  Confederate  Government  had  appropriated  two  hun- 
dred thousand  dollars  for  the  carrying  of  it  out. 

Q.    For  that  purpose  ? 

A.  Yes,  sir. 

Q.   How  did  he  excuse  himself  for  not  paying  you  more  ? 

A.  Well,  sir,  it  went  on.  Dr.  Blackburn  had  been  to  Ber- 
muda, and  come  back  again.  I  wrote  down  to  him  at  Montreal, 
and  told  him  I  wanted  some  money,  and  that  he  ought  to  send  me 
some.  He  did  not  make  any  reply  to  my  letter.  I  was  then  sent 
down  to  Montreal  with  a  commission  from  Bennett  H.  Young,  to  be 
used  in  his  defence  for  the  St.  Albans  raid.  I  there  met  Dr. 
Blackburn,  and  spoke  to  him ;  and  he  said  that  I  had  written  some 
hard  letters  to  him,  abusing  him,  and  that  he  had  not  any  money 
to  give  me.  He  had  a  carriage  at  the  door ;  and  he  then  got  into 
his  carriage  and  rode  off  to  some  races,  I  think,  and  left  me,  and 
never  gave  me  any  more  satisfaction. 

Q.    They  refused  to  pay  you  any  more  ? 

A.  Yes,  sir. 

Q.  Will  you  state  under  what  name  you  passed  while  in  Wash- 
ington ?  « 

A.   J.  W.  Harris. 

Q.    Where  did  you  stop  in  this  city  ? 

A.  I  did  not  stay  any  time.  I  think  I  went  to  a  hotel,  and  took 
the  goods  there.  I  did  not  know  how  long  I  would  be  detained 
here.  I  registered  my  name  as  J.  W.  Harris.  I  put  up  at  the 
National  Hotel. 

Q.    Will  you  give  the  precise  date  ? 

A.  I  think  it  was  on  the  5th  of  August,  1864. 


THE     TRIAL.  417 

Q.    In  what  name  did  you  write  this  letter  to  Dr.  Blackburn  ? 

A.   In  my  own  name. 

Q.    In  what  name  did  you  write  to  Wall  &  Co.  ? 

A.    J.  W.  Harris. 

Q     The  same  name  that  you  had  assumed  before  ? 

A.   Yes,  sir. 

Q.  Will  you  state  whether  Clement  C.  Clay  and  Professor  Hol- 
combe,  whom  you  met  on  your  return,  in  their  conversation  with 
you,  seemed  also  perfectly  to  understand  the  business  in  which 
you  had  been  engaged  ? 

A.  Yes,  sir.  They  knew  it  before  I  had  proceeded  far  oa  my 
way.  I  had  gone  part  of  my  journey,  and  returned  back  to  Canada 
for  money ;  and  I  met  Messrs.  Clay  and  Holcombe,  Mr.  Preston, 
Mr.  McGrregor,  Beverly  Tucker,  Dr.  Blackburn,  and  several  other 
gentlemen,  at  the  Clifton  House,  Niagara  Falls. 

Q.    They  then  had  knowledge  of  this  business  of  yours? 

A.   Yes,  sir. 

Q.  And  they  complimented  you,  you  say,  upon  your  suc- 
cess ? 

A.   Mr.  Holcombe  and  Mr.  Cleary  did. 

Q.  How  do  you  know  that  they  had  this  knowledge  ?  Were 
there  any  convei*sations  between  you  and  them  which  left  no  doubt 
on  the  subject,  or  not  ? 

A.  I  went  to  the  Clifton  House,  and  intended  to  return  that 
nio;ht  back  to  Toronto,  before  leavino;  for  the  States  ao-ain.  Dr. 
Blackburn  had  no  money  with  him  then,  and  he  told  me  he  would 
go  to  Holcombe,  as  he  had  Confederate  funds  with  him,  and  get 
the  money.  He  said  that  Holcombe  was  going  to  stay  there,  and 
that,  when  I  returned,  he  would  either  get  the  money  from  Holcombe 
or  Thompson  for  the  expedition ;  that  he  had  to  get  it  either  from 
Holcombe  or  Thompson,  and  it  did  not  matter  which.  So  I  under- 
stood at  the  time,  from  that,  that  Mr.  Holcombe  knew  all  about  it. 
I  never  spoke  to  Mr.  Holcombe  about  it  myself;  but  I  inferred 
from  him  and  Mr.  Clay  shaking  hands  with  me,  and  congratulating 
me  on  my  safe  return  at  Hamilton,  that  they  must  have  known  all 
about  it.  I  do  not  know  any  thing  further  than  that  as  to  whether 
they  were  acquainted  with  it  or  not. 


418  THE     TRIAL. 

Q.  You  spoke  of  Dr.  Stuart  Robinson,  a  divine  from  Louisville, 
Ky. ,  having  introduced  you  to  Dr.  Blackburn  ? 

A.   Yes,  sir. 

Q.  Did  be,  or  not,  seem  to  have  knowledge  of  the  business  in 
whicb  you  were  engaged  ? 

A.  He  did  not  have  any  knowledge  of  it  from  me.  I  do  not 
know  what  knowledge  he  had  from  Dr.  Blackburn ;  that  I  cannot 
say  :  but,  for  myself,  I  never  told  him.  He  said  he  did  not  know 
what  business  I  was  going  to  do,  and  that  he  did  not  want  to  com- 
mit an  overt  act ;  and  I  do  not  know  whether  he  knew  any  thing 
at  all  about  it.  All  I  know  is,  that  Dr.  Bobinson  took  good  care 
of  rae  while  I  was  there  that  fall,  and  until  Dr.  Blackburn  wrote 
for  me  in  the  spring. 

Q.  He  told  you  that  he  did  not  want  himself  to  commit  an  o\Grt 
act? 

A.  Yes,  sir. 

Q.  Did  he  furnish  you  all  the  facilities  for  your  seeing  Dr. 
Blackburn  ? 

A.  He  did  not  give  me  the  money.  I  went  and  borrowed  ten 
dollars  from  Mr.  Preston  to  go  down  to  Montreal.  I  gave  Mr. 
Preston  a  receipt  for  ten  dollars  on  account  of  Dr.  Blackburn.  I 
then  went  down  to  Montreal,  and  there  saw  Mr.  Slaughter,  accord- 
ing to  the  directions  in  the  letter,  and  he  furnished  me  with  means 
to  go  to  Halifax.  At  that  time,  Mr.  Slaughter  said  that  he  was 
short  of  funds  on  account  of  Johnson  &  Bros.,  bankers  there, 
breaking  and  becoming  bankrupt;  and  that  he  had  lost  $7,700, 
all  the  available  funds  he  had  ;  that  he  only  had  $25  that  he  could 
give  me  ;  and  that  I  had  better  go  to  Mr.  Holcombe,  then  staying 
at  the  Donegana  Hotel,  and  he  would  furnish  me  with  the  balance. 
I  went  to  see  Mr.  Holcombe  at  the  hotel,  and  sent  my  name  up  to 
him.  He  had  heard  of  my  name,  he  said  ;  and  he  sent  for  me  to 
come  up.  I  then  told  him  that  I  needed  some  funds  with  which 
to  go  down  to  Halifax.  He  asked  me  how  much  I  wanted.  I 
told  him  I  wanted  as  much  as  would  make  up  $40 ;  that  I  thought 
that  would  take  me  through  from  Montreal.  Said  he,  "You  had 
better  take  $50 ;  "  but  I  refused  taking  it,  and  said  that  I  did  not 
want  that  much. 


THE     TRIAL.  419 

Mr.  Aiken.  Before  this  witness  is  discharged,  I  deem  it  my 
duty  to  ask  whether  any  allusion  is  to  be  made  to  his  testimony  in 
summing  up  against  any  of  the  accused. 

The  Judge  Advocate.  You  can  very  well  see  that  the  point  of 
this  testimony  is  to  connect  the  Rebellion  with  this  crime,  —  not  to 
connect  any  of  these  individuals  particularly  with  it. 

Mr.  Aiken.  If  it  is  to  affect  others,  who  are  not  here,  and  who 
are  indicted,  I  do  not  wish  to  make  any  cross-examination  of  the 
witness  at  all ;  but,  if  it  is  to  affect  any  of  the  prisoners,  I  may  de- 
sire to  do  so. 

Assistant  Judge  Advocate  Bingham.  It  may  affect,  more  or 
less,  anybody  and  everybody. 

The  Judge  Advocate,  You  can  judge  of  the  effect  of  it.  The 
purpose  of  its  introduction  is  very  obvious. 


W.  L.  Wall, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows  :  — 

By  the  Judge  Advocate  : 

Q.  Will  you  state  whether  or  not  you  are  a  merchant  in  this 
city  ? 

A.   I  am  an  auction  and  commission  merchant. 

Q.  Will  you  state  whether  or  not,  during  last  summer,  you  re- 
ceived on  consignment  and  for  sale,  from  J.  W.  Plarris,  certain 
trunks  of  goods  ? 

A.  During  last  August,  while  I  was  out  of  town,  a  person  named 
Harris  called  at  my  store,  and  told  my  bookkeeper  that  he  had 
some  shirts  that  he  wanted  to  sell  at  auction,  and  asked  him  if  he 
would  sell  them  the  next  mornino;.  Mv  clerk  told  him  that  he 
would.  He  then  asked  him  if  he  would  make  an  advance  of  $100 
on  the  shirts.  My  clerk  advanced  him  the  $100,  and  the  shirts 
were  sold  the  next  morning. 

Q.    Did  you  see  them  taken  out  of  the  trunks? 

A.  I  did  not  see  them  at  all.  My  clerk  is  here  who  received 
the  shirts  and  gave  the  advance. 


420  THE     TRIAL. 

* 

A.  Brenner, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q.    State  whether  you  reside  in  this  city. 

A.   I  do. 

Q.  Were  you,  or  not,  during  the  past  summer,  a  clerk  in  the 
service  of  Mr.  Wall  in  this  city  ? 

A.   Yes,  sir. 

Q.  Will  you  state  whether  or  not,  in  the  month  of  August  last, 
a  Mr.  J.  W.  Harris  sent  to  the  store  of  Mr.  Wall  certain  packages 
of  goods  for  sale  ? 

A.   A  man  calling  himself  Harris  brought  a  lot  of  goods  there. 

Q.    State  all  the  circumstances. 

A.  He  came  into  the  store  late  one  evening.  I  supposed  him 
to  be  a  sutler  returning  home.  He  asked  me  to  sell  some  shirts 
for  him,  and  he  said  that  he  had  twelve  dozen.  I  advanced  him 
$100  on  them,  and  sold  them  the  next  morning. 

Q.    Were  they  packed  in  a  trunk  ? 

A.  Yes,  sir ;  packed  in  five  trunks.  There  were  some  shirts 
and  some  coats. 

Q.    How  many  dozen  ? 

A.  He  said  there  were  twelve  dozen ;  but  it  turned  out  that 
there  was  not  that  number. 

» 

Q.  State  whether  or  not  you  sent  him  a  bill. 

A.  I  sent  him  an  account  of  sales  and  the  balance  of  the 
money. 

Q.  You  rendered  that  account  of  sales  to  him  at  what  point? 

A.  I  think,  in  Toronto,  Canada.     I  have  his  letter  here. 

Q.  At  what  point  did  he  write  from  to  you  ? 

A.  His  letter  is  dated  Toronto,  Sept.  1,  1864. 

Q.  You  may  read  it  if  you  have  it  there. 

The  witness  read  the  letter,  as  follows  :  — 

'^Messrs.   Wall  ^  Co.,  Auction  and  Commission  Merchants. 
"  Gentlemen,  —  On  Friday,   the   5th  of  August,  last  month,  I 


THE     TRIAL.  421 

left  in  your  care  five  trunks,  containing  one  hundred  and  fifty  fancy 
woollen  shirts  and  twenty-five  coats,  to  be  sold  at  auction  on  the 
next  morning;  and,  business  calling  me  to  Toronto,  I  have  not 
been  able  to  go  to  the  States  since.  I  beg  most  respectfully  that 
you  will  send  me  an  account  of  sales,  and  a  check  on  New  York 
for  the  proceeds.  I  have  written  before ;  but  I  have  received  no 
answer.  I  shall  come  over  in  October,  about  the  10th,  with  some 
five  or  six  thousand  pairs  of  boots  and  shoes. 

"  Yours  most  respectfully, 

"J.  W.  Harris, 

"  Care  of  Post-office  Box  No.  126,  Toronto,  C.W." 

Q.  Do  you  remember  any  thing  about  these  trunks,  or  the  marks 
upon  them  ? 

A.  No,  sir ;  I  do  not.  The  shirts  were  tossed  into  the  trunks 
promiscuously,  and  I  supposed  the  packing  of  them  was  done  in  a 
hurry. 

Q.  Do  you  remember  whether  any  of  the  trunks  were  marked 
with  a  big  No.  2  ? 

A.   We  marked  them  in  selling  them. 

By  the  Court  : 

Q.    Was  it  new  clothing,  or  did  it  appear  to  have  been  worn? 

A.  A  close  inspection  showed  it  to  be  new  clothing,  —  that  it  had 
not  been  worn ;  but,  when  I  first  opened  the  trunks,  I  was  in  doubt 
about  its  being  a  safe  investment  for  the  money  I  had  advanced. 
When  it  was  taken  out,  it  was  all  new :  it  did  not  have  the  appear- 
ance of  being  worn. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.    It  had  the  appearance  of  having  been  handled,  I  suppose  ? 
A.   Yes,  sir :  it  appeared  to  have  been  thrown  in,  and  crammed 
down,  and  rumpled  up  in  that  way. 

By  the  Court  : 

Q.    What  amount  did  these  shirts  bring? 

A.   I  brought  an  account  of  sales  with  me,  showing  the  amount, 

and  to  whom  they  were  sold.     It  is  as  follows  :  — 
VOL.  II.  86 


422 


THE     TRIAL. 


Sales  on  account  of  J.  W.  Harris ^  Esq. 

96  Shirts,  purchased  by  Stingier  &  Seige       .         $134  40 

9  Coats,  purchased  bj  Walker    .         .         .         , 

3  Trunks,  purchased  by  Wm.  Smith    . 

2  Trunks,  purchased  by  Hand    .... 


April  6.     Cash 

Sept.  5.     Com.,  duty,  and  war-tax 
**  Cash,  per  balance    . 


$100  00 
14  29 
28  61 


.  4  50 
.  1  50 
.     2  50 

$142  90 


$142  .90  $142  90 
Thomas  L.  Gardiner 

recalled  for  the  accused,  Samuel  A.  Mudd. 

By  Mr.  Ewing  : 

Q.  State  whether  or  not,  this  last  spring,  you  came  up  to 
Washington  in  company  with  the  accused,  Dr.  Samuel  A  Mudd. 

A.   I  did,  sir. 

Q.    State  the  date  of  the  visit. 

A.   It  was  on  the  23d  day  of  March,  I  think. 

Q.    What  time  did  you  leave  ? 

A.  We  left  here  the  next  day,  in  the  evening. 

Q.    What  time  did  you  leave  your  homes  to  come  up  here  ? 

A.   We  left  on  the  23d  of  March. 

Q.    What  time  of  the  day  ? 

A.  It  was  quite  early  in  the  morning,  after  the  usual  breakfast 
time,  — perhaps  eight  or  nine  o'clock. 

Q.    State  the  purpose  of  the  visit. 

A.  We  came  up  to  attend  the  sale  of  Government-condemned 
horses,  which,  we  were  told,  would  take  place  on  Friday.  When 
we  got  up  to  Mr.  Martin's,  we  learned  that  the  day  of  sale  had  been 
changed  from  Friday  to  Tuesday,  and  we  were  disappointed  in 
attendinsf  the  sale. 

Q.  Go  on,  and  state  where  you  and  Dr.  Mudd  were  during  that 
visit. 

A.  We  got  to  Mr.  Martin's,  and  heard  there  that  we  were  disap- 


THE     TRIAL.  423 

pointed  in  the  day  of  sale.  Dr.  Mudd  said  he  wanted  to  go  over 
in  town.  We  left  our  horses  at  Mr.  Martin's,  and  got  our  dinners 
there.  We  then  walked  across  the  bridge  and  up  to  the  Navy- 
Yard  gate.  Then  we  took  a  street-car,  and  came  up  on  the  avenue. 
We  then  went  to  Mr.  Young's  carriage-factory,  where  Dr.  Mudd 
looked  at  some  wagons. 

Q.    What  time  in  the  day  was  this  ? 

A.  This  was  getting  late  in  the  evening,  perhaps  about  four 
o'clock,  perhaps  five,  —  pretty  late  in  the  evening.  We  then  went 
round  to  one  or  two  livery-stables,  where  Dr.  Mudd  looked  at 
some  second-hand  wagons.  We  then  went  round  on  the  island  to 
Mr.  Alexander  Clark's.  We  stopped  at  his  dwelling-house :  he 
was  not  at  the  house,  but  down  at  his  store  near  the  river.  We 
walked  down  there,  and  remained  there  with  Mr.  Clark  until  about 
dark ;  then  Mr.  Clark  closed  up  his  store,  and  we  returned  to  his 
dwelling-house  with  him ;  then  we  got  tea ;  and,  after  tea,  Mr.  Clark, 
Dr.  Mudd,  and  myself  walked  round  to  Dr.  Allen's,  who  keeps  an 
apothecary-shop  somewhere  in  the  city,  where  we  remained  some 
two  or  three  hours.  We  then  returned  to  Mr.  Clark's,  and  re- 
mained there  all  night.  The  next  morning,  after  breakfast,  we  went 
down  with  Mr.  Clark  to  his  store,  where  we  remained  a  few  min- 
utes, took  leave  of  Mr.  Clark,  came  up  on  the  avenue,  went  into 
the  Capitol,  and  looked  at  some  of  the  paintings.  We  then  took 
a  street-car  and  went  down  the  avenue  to  Mr.  Martin's,  where  we 
got  our  horses ;  and  after  dinner  we  left,  and  went  home.  As  soon 
as  we  returned  to  Mr.  Martin's,  we  ordered  our  horses  to  be  fed,  and 
our  dinner ;  and  after  dinner  we  returned  home. 

Q.   State  with  whom  you  slept  that  night  that  you  were  in  the  city. 

A.  Dr.  Mudd  and  myself  slept  together.  There  was  but  one 
bed  in  the  room,  and  we  occupied  that. 

J     Q.    State  whether  you  and  Dr.  Mudd  were  separated  for  any 
length  of  time,  and  if  so,  for  what  length  of  time,  during  that  visit. 

A.  We  were  not  separated  at  all.  I  am  confident  that  we  were 
not  out  of  one  another's  sight  from  the  time  we  left  Mr.  Martin's 
until  we  returned. 

Q.  Did  you  or  did  you  not  see  any  thing  of  Booth  on  that 
visit  ? 


424 


THE     TRIAL. 


A.   No,  sir ;  I  did  not. 

Q.    Did  you  or  did  you  not  go  to  the  National  Hotel  ? 
A.    No,  sir :   I  think  we  stopped  opposite  the  National  Hotel, 
when  we  looked  at  some  rebel  prisoners  passing ;  but  we  did  not  go 


m. 


Q.  Do  you  recollect  a  contest  in  your  Congressional  election 
district  in  which  Calvert  was  the  Union  candidate,  and  Harris  the 
secession  candidate,  or  the  opposing  candidate,  for  Congress  ? 

A.  Yes,  sir ;  I  do.  Mr.  Harris  was  running  as  a  peace  can- 
didate.    I  do  not  know  that  he  was  termed  a  "  secessionist." 

Q.    Do  you  know  as  what  candidate  Calvert  was  running? 

A.  I  understood  that  he  was  running  as  the  Unconditional 
Union  candidate. 

Q.  Do  you  know  —  if  so,  state  —  which  one  of  those  candidates 
Dr.  Samuel  Mudd  supported  for  election  ? 

A.  I  cannot  say  positively  who  he  supported  :  I  did  not  see  his 
ticket. 

Q.  I  did  not  ask  you  who  he  voted  for;  but  I  asked  you  who 
he  supported  in  conversation? 

A.  From  a  conversation  I  had  with  him,  I  supposed  he  would 
support  Mr.  Calvert.  He  said  he  thought  it  would  be  better  to 
elect  Mr.  Calvert     I  understood  him  so. 

Cross-examined  by  Assistant  Judge  Advocate  Bingham  : 

Q.  Do  you  say  that  Mr.  Calvert  was  reputed  to  be  a  better 
Union  man  than  Harris,  at  the  time  of  that  election,,  by  the  neigh- 
bors generally  ? 

A.  I  understood  that  Mr.  Calvert  was  running  as  the  Union 
candidate. 

Q.  I  did  not  ask  you  that.  Do  you  say  that  Calvert  was  re- 
puted publicly  to  be  any  stronger  or  better  Union  man  than  Harris  ? 

A,    I  understood  so. 

By  Assistant  Judge  Advocate  Burnett  : 

Q.  Was  not  Colonel  John  C.  Holland  the  Unconditional  Unior 
candidate  ia  that  district  ?  Were  there  not  three  candidates  rue. 
ning? 

A.  Keally  I  do  not  know. 


THE     TRIAL.  425 

Q.  Do  you  not  know  that  Colonel  Holland  was  a  candidate  ? 

A.  I  know  that  Colonel  Holland  was  a  candidate  when  Harris 
was  elected  the  last  time. 

Q.    Do  you  know  that  he  was  then  ? 

A.   I  do  not. 

Q.    Do  you  know  any  thing  about  it? 

A.   No,  sir. 

Q.  You  do  not  know  that  Colonel  Holland  was  the  Unconditional 
Union  candidate,  and  the  others  were  both  peace  candidates  ? 

A.  No,  sir;  I  do  not.  I  have  no  knowledge  of  there  being 
three  candidates  in  the  field. 


John  H.  Downing, 

a  witness  called  for  the  accused,  Samuel  A.  Mudd,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Ewing  : 

Q.    State  where  you  live. 

A.   I  live  in  Charles  County,  near  Mount  Pleasant. 

Q.  State  whether  you  are  acquainted  with  the  prisoner,  Samuel 
A.  Mudd. 

A.   Oh,  yes !  I  am  very  well  acquainted  with  him. 

Q.    Are  you  acquainted  with  Daniel  J.  Thomas  ? 

A.   Yes,  sir  :  both  of  them  were  raised  right  by  me. 

Q.  State  whether  or  not  the  prisoner,  Samuel  A.  Mudd,  and 
Daniel  J.  Thomas,  met  at  your  house  this  last  spring ;  and  if  so, 
when? 

A.  I  think  it  was  some  time  between  the  first  of  March  and 
probably  the  fifteenth  that  they  both  met  there  at  my  house. 

Q.    Did  they  meet  at  your  house  at  any  other  time  this  spring? 

A.   No,  sir;  never. 

Q.    Did  they  come  there  together  ? 

A.  No,  sir  :  Daniel  Thomas  was  at  my  house  about  two  or  three 
hours  before  Dr.  Mudd  came  there. 

Q.    How  long  did  Dr.  Mudd  stay  there  ? 

A.   I  think  he  staid  about  half  an  hour. 

36* 


426 


THE     TRIAL. 


Q.  Were  you,  or  were  you  not,  present  during  the  time  that  Br. 
Mudd  was  there  ? 

A.   All  the  time. 

Q.    You  were  with  them  all  the  time  ? 

A.  I  was  with  them  both  :  Daniel  Thomas  sat  between  me  and 
Dr.  Mudd.     I  was  there  all  the  time,  — never  left  the  room. 

Q.  Will  you  state  whether  or  not,  in  conversation  at  that  time, 
Dr.  Mudd  said  that  Abraham  Lincoln  was  an  abolitionist ;  that  the 
whole  Cabinet  were  such ;  that  he  thought  the  South  would  never 
be  subjugated  under  abolition  doctrines ;  and  that  all  the  Cabinet  and 
every  Union  man  in  the  State  of  Mai-yland,  and  the  President, 
would  be  killed  in  six  or  seven  weeks  ? 

A.  There  were  no  such  words  spoken  in  the  house,  to  my 
knowledge  ;  and  I  staid  there  the  whole  time.  Dr.  Sam.  Mudd  was 
not  there  more  than  half  an  hour.  He  came  there  to  see  me,  to 
collect  a  little  doctor's  bill.  I  sat  there  for  about  half  an  hour  after 
he  came  ;  and  I  then  got  up,  and  walked  to  the  piazza  ;  and,  as  I 
walked  out,  Dr.  Mudd  got  up,  and  followed  me  out ;  and  he  then 
told  me  his  business,  and  went  directly  home ;  and  Thomas  staid  at 
my  house,  I  believe,  fully  an  hour  afterwards. 

Q.    Did  Dr.  Mudd  follow  you  out  immediately  ? 

A.  Immediately  after  I  got  up,  and  before  I  got  to  the  piazza, 
he  was  at  the  door  after  me. 

Q.  Could  Dr.  Mudd  and  Thomas  have  had  any  conversation 
then  at  that  visit  together  without  your  hearing  it  ? 

A.  No  ;  I  do  not  think  they  could.  Even  if  they  tad  whispered, 
I  could  have  heard  it,  because  I  was  close  to  them.  They  had  no 
conversation  at  that  time  but  what  I  heard  :  I  am  certain  of  that. 

Q.  Was  any  part  of  the  statement  which  I  have  recited  to  you 
made  by  Dr.  Mudd  on  that  occasion  ? 

A.   Not  to  my  knowledge. 

Q.    You  think  you  would  have  noticed  it  if  there  had  been  ? 

A.  I  should,  certainly.  The  President's  name  was  not  mentioned 
during  Dr.  Mudd's  stay  at  my  house.  I  do  not  recollect  that 
Daniel  Thomas  ever  mentioned  his  name  while  he  was  at  my  house. 

Q.    Was  any  reference  made  to  any  member  of  the  Cabinet  ? 

A.   No,  indeed,  sir ;  nothing  in  the  world  of  that  kind. 


THE     TRIAL.  427 

Q.    Was  any  reference  made  to  killing  anybody? 

A.  No,  sir :  nothing  of  the  kind  was  ever  mentioned,  to  my 
knowledge.     I  never  heard  a  word  of  the  kind  mentioned. 

Q.  Will  you  state  whether  or  not,  two  or  three  weeks  after  that 
occasion,  you  met  Mr.  Thomas  in  the  road  between  your  house  and 
his  house,  and  he  said  to  you,  that,  at  your  house,  Dr.  Mudd  had 
said  that  the  President  and  the  whole  Cabinet,  and  every  Union 
man  in  the  State  of  Maryland,  would  be  killed  ? 

A.  No,  indeed  :  he  never  said  such  a  word  to  me.  We  met  one 
another  very  frequently,  because  he  attends  land  right  by  me ;  but  I 
never  heard  a  word  of  that  kind  mentioned  by  him  in  my  life. 

Q.    Neither  before  the  assassination,  nor  since  the  assassination  ? 

A.  No,  sir ;  neither  before  nor  since.  I  never  heard  a  word  of 
the  kind  spoken ;  and  he  never  said  a  word  of  the  kind,  that  I 
recollect. 

Q.  Did  Dr.  Mudd  say  to  you,  on  that  occasion,  that  he  did  not 
consider  the  oath  of  allegiance  worth  a  chew  of  tobacco  ? 

A.  Not  that  I  recollect.  I  never  heard  any  thing  of  the  kind 
said,  to  my  knowledge. 

Q.  Will  you  state  what  the  conversation  was  about  when  Dr. 
Mudd  was  there  ? 

A.  I  cannot  recollect  it  all.  They  commenced  talking  about 
detectives.  Daniel  Thomas  was  saying  to  Dr.  Mudd  that  he  was 
appointed  a  detective  ;  and  he  referred  to  several  others,  —  Jerry 
Mudd,  Dr.  George  Mudd,  Joe  Padgett,  I  think,  and  I  think, 
perhaps,  one  of  the  Hawkinses,  —  who,  he  said,  were  detectives  as 
well  as  he  was ;  but  he  said  he  never  pretended  to  catch  anybody. 
He  said  he  would  go  to  their  houses,  —  it  was  his  duty  to  go  to 
their  houses ;  but  he  never  would  catch  anybody.  That  is  exactly 
what  he  said,  —  that  he  was  bound  to  go  their  houses,  but  he  was 
not  bound  to  catch  them. 

Cross-examined  by  Assistant  Judge  Advocate  Bingham  : 

Q.  Were  they  talking  during  that  whole  half-hour  ?  or  were  they 
quiet  all  that  half-hour  ? 

A.   They  were  talking  a  good  deal. 

Q.    Were  they  talking  all  that  half-hour  ? 


428 


THE     TRIAL. 


A.   I  reckon  they  were. 

Q.    Do  you  not  know  that  they  were  talking  all  the  time  that  Dr. 
Mudd  was  there  ? 

A.   Yes,  sir :  I  know  they  were  talking. 

Q.    Was  the  whole  half-hour  consumed  with  that  remark  ? 

A.   It  was  pretty  much  about  the  detectives. 

Q.    Was  it  all  consumed  in  Thomas  making  that  statement  of  two 
lines  ?     Was  that  all  there  was  of  it  ? 

A.   All  that  I  recollect,  or  nearly  all. 

Q.    Do  you  think  it  took  a  whole  half-hour  for  Thomas  to  say 
that  he  was  a  detective,  and  did  not  catch  anybody  ? 

A.   I  believe  it  did  pretty  much. 

Q.    Do  you  say  that  1 

A.   He  was  telling  a  whole  parcel  of  foolisb  things  there. 

Q.    You  said  that  was  all  you  minded  about  any  thing  connected 
with  that  talk  ? 

A.    Oh,  no  !  I  did  not. 

Q.    What  did  Mudd  say  ? 

A.   I  do  not  recollect  now. 

Q.    What  did  you  say  ? 

A.   I  had  no  conversation  with  them ;  none  at  all. 

Q.    Mudd  and  Thomas  were  tiilking  ? 

A.   Yes,  sir. 

Q.    What  did  Mudd  say  to  Thomas  ? 

A.   I  believe  he  compared  him  to  a  jack  ;  that  was  all. 

Q.    He  said  that,  did  he  ? 

A.   He  did  so. 

Q.    Did  it  take  him  half  an  hour  to  say  that  ? 

A.   I  do  not  recollect. 

Q.    What  did  he  call  him  a  jack  for  ? 

A.  Because  Thomas  said  he  was  appointed  a  deputy  provost- 
marshal  under  Colonel  Miller. 

Q.    And  what  did  Mudd  say  to  that  ? 

A.  Mudd  said,  '*  I  think,  Daniel,  I  am  better  educated  than  you 
are,  and  I  do  not  think  I  am  capable  to  fill  that  office  myself,  and 
I  do  not  think  you  are  ;  "  and  I  believe  he  got  up  dii-ectly,  and 
compared  him  to  a  jack. 


THE     TRIAL.  429 

Q.    Then  what  took  place  next  ? 

A.   He  went  and  followed  me  out. 

Q.    Who  did? 

A.  Mudd.  I  was  irritated  myself  when  he  called  him  a  jack, 
because  it  was  in  my  house,  and  I  did  not  suffer  jacks  to  come  into 
my  house. 

Q.    Was  that  what  you  said? 

A.    Yes  ;  and  then  he  got  up,  and  followed  me  out. 

Q.    You  went  out  first  ? 

A.    I  went  out  first,  and  Mudd  followed  ;  and  then  he  went  off. 

Q.    Did  it  take  a  whole  half-hour  for  Mudd  and  Dan.  to  say  that? 

A.   I  believe  it  did  very  near. 

Q.    That  was  all  that  was  said  in  the  half-hour? 

A,   That  is  just  about  it. 

Q.    How  long  were  you  gone  before  Mudd  went  out  ? 

A.   Not  two  seconds,  —  not  as  long  as  you  could  count  two. 

Q.    Where  did  you  go  to  before  Mudd  came  out? 

A.   I  went  to  the  door,  and  Mudd  followed  me. 

Q.    Where  did  you  go  before  Mudd  came  out  ? 

A.  I  did  not  go  anywhere,  only  to  the  door.  Mudd  followed 
me  to  the  door.  We  went  out  of  the  door  into  the  yard,  and  had 
some  talk  there ;  and  then  Mudd  went  off,  and  Daniel  was  in  the 
house. 

Q.    How  long  were  you  at  the  door  before  Mudd  came  ? 

A.  Not  more  than  two  seconds,  I  reckon.  He  followed  me 
immediately. 

Q.  Mudd  staid  there  half  an  hour,  and  then  you  started  for  the 
door? 

A.   That  was  at  the  end  of  it. 

Q.    Did  you  not  say  at  first  that  they  talked  there  for  half  a 
hour? 

A.   They  were  talking  there. 

Q.    For  half  an  hour? 

A.    Yes  :  I  reckon  Mudd  staid  about  half  an  hour. 

Q.  I  understood  you  to  say  that  you  did  not  mind  any  of  tho 
talk  between  Mudd  and  Dan.,  except  that  31udd  concluded  b} 
saying  that  Dan  was  a  jack,  and  then  you  broke  ? 


430  THE     TRIAL. 

A.   Then  T  broke,  and  went  out. 

Q.    Who  did  Thomas  call  a  secesh  that  time  ? 

A.   He  did  not  call  anybody  that,  that  I  heard. 

Q.    Who  did  Mudd  say  was  an  abolitionist  ? 

A.   I  do  not  know  who  :  I  do  not  recollect. 

Q.  Are  you  very  sure  that  he  did  not  call  Dan.  an  abolitionist, 
as  well  as  a  jack  ? 

A.   No  :  I  do  not  recollect  that  he  ever  did. 

Q.    You  do  not  mind  much  about  that  talk  ? 

A.   No,  indeed  :  I  do  not  recollect. 

Q.  Did  not  Mudd  call  Dan.  an  abolitionist  right  off,  and  a  jack 
too? 

A.   Not  at  that  time  he  did  not. 

Q.    It  was  at  another  time? 

A.   He  mis;ht  have,  for  all  I  know. 

Q.    He  might  have  done  so,  for  any  thing  you  know  ? 

A.   Yes  :  I  do  not  mind  all  that. 

Q.  You  do  not  mind  all  that  talk  of  half  an  hour?  you  do  not 
know  any  thing  about  it,  except  that  Dan.  pretended  that  he  was  a 
detective  and  deputy-provost,  and  the  other  insisted  that  he  was  a 
jack  ? 

A.   It  was  something  in  that  way. 

Q.    And  they  spent  half  an  hour  on  that  ? 

A.    Pretty  much. 

Q.  Did  these  fellows  show  any  spirit  or  blood?  ,  Was  Mudd 
mad  when  you  ran  out  of  the  door  ? 

A.   I  do  not  know.    ' 

Q.  Or  did  he  just  say  it  in  the  best  humor  in  the  world  to  this 
other  neighbor  of  his,  that  he  was  a  jack  ?     Was  he  mad  or  not  ? 

A.   I  reckon  he  was  then. 

Q.    What  was  he  mad  about  ? 

A.   About  Dan.  being  a  deputy  provost-marshal,  I  suppose. 

By  Mr.  Ewing  : 

Q.    I  understand  you  to  say  that  you  were  not  out  of  the  room 
at  all  durino;  that  interview  between  Thomas  and  Mudd  ? 
A.   No,  indeed  :  I  was  not. 


THE     TRIAL.  431 

Q,    And  you  were  sitting  right  by  both  of  them  ? 

A.  I  was.  Dan.  sat  between  me  and  Mudd,  I  was  sitting  on 
the  left  side  of  Daniel  Thomas. 

Q.    How  far  were  you  from  jMudd  ? 

A.  I  reckon,  about  a  yard.  We  all  sat  very  close  together,  and 
close  to  the  fire,  because  it  was  cold  weather ;  and  we  had  a  cold 
fire  at  that  time.     We  had  not  wood  enough  on  the  fire. 

Q.    And  you  sat  right  alongside  of  Thomas  ? 

A.   Yes,  I  did  so  :  riojht  alono-side  of  him. 

Q.    And  heard  all  the  conversation  ? 

A.  Yes :  I  heard  every  word  that  was  spoken  between  them 
during  the  time  that  Mudd  staid. 


o 


Henry  L.  Mudd,  Jr., 

a  witness  called  for  the  accused,  Samuel  A.  Mudd,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Ewing  : 

Q.    State  where  you  live. 

A.   About  three  miles  from  Bryantown.  , 

Q.    How  far  from  the  accused,  Samuel  A.  Mudd  ? 

A.   About  three-quarters  of  a  mile. 

Q.  Did  you  some  time  last  winter  or  spring,  in  company  with 
Dr.  Mudd,  come  into  the  neio-hborhood  of  Washino;ton  ? 

A.   Yes,  sir  :  somewhere  about  the  10th  of  April. 

Q.  State  where  you  both  went,  and  how  you  were  occupied 
during  your  visit. 

A.  We  left  home,  I  think  it  was  on  the  10th  of  April.  We 
went  as  far  as  Dr.  Blanford's,  ten  miles  from  AVashington,  and 
staid  there  all  night.  The  next  morning,  Dr.  Blanford,  Dr.  Mudd, 
and  myself,  went  to  Giesboro'  to  buy  horses.  Dr.  Blanford,  after 
being  there  until  about  half-past  ten  o'clock,  left  us,  and  went  to 
Washington  on  some  business,  and  we  staid  there  until  about  one 
o'clock.  As  we  did  not  find  any  horses  that  suited  us, — they 
were  nearly  all  diseased,  and  those  not  diseased  sold  too  high,  —  I 
made  a  proposition  to  Dr.  ]Mudd  to  go  down  to  Mr.  Martin's,  near 
the  bridge,  and  get  some  dinner.     We  went  down  to  the  bridge 


432  THE     TRIAL. 

about  one  o'clock,  and  took  dinner  there ;  and  left  there,  I  think, 
about  three  o'clock. 

Q.    Where  did  you  go  then  ? 

A.  We  went  directly  home.  Dr.  Blanford  came  there,  I  think, 
about  half-past  two  o'clock,  immediately  after  we  had  finished  din- 
ner ;  and  we  all  three  joined  there,  and  went  directly  home. 

Q.  State  whether  you  were  separated  from  Dr.  Mudd  during 
that  visit  at  any  time. 

A.  No,  sir ;  not  five  minutes.  I  was  with  him  all  the  time  at 
Giesboro'.  We  were  examining  horses  together,  and  we  were  all 
the  time  together. 

Q.    State  whether  you  then  crossed  the  Eastern  Branch. 

A.  We  did  not. 

Q.  You  did  not  come  into  Washington  then,  at  all,  or  into  the 
Navy  Yard  ? 

A.   We  did  not. 

Q.  State  whether  or  not  you  saw  any  thing  of  John  Wilkes 
Booth  during  that  visit. 

A.   I  did  not. 

Q.  Do  you  know  any  thing  about  any  other  visits  that  Dr. 
Samuel  A.  Mudd  made  to  Washington  during  the  winter  or 
spring  ? 

A.  He  was  in  Washington  on  the  23d  or  24th  of  December,  and 
I  think  about  the  23d  of  March  he  was  there. 

Q.    Who  came  with  him  on  the  first  visit  ? 

A.   Mr.  Jerry  Mudd. 

Q.    Who  came  with  him  on  the  second  visit  ? 

A.   Mr.  'Thomas  L.  Gardiner. 

Q.  Do  you  know  of  his  having  been  in  Washington  at  any  other 
times  before  that  visit  ? 

A.   I  do  not. 

Q.  State  whether  you  know  any  thing  of  his  whereabouts,  ex- 
cept during  those  two  visits  to  Washington  when  you  did  not 
accompany  him,  from  the  first  of  January,  or  fi'om  Christmas,  to 
the  present  time. 

A.   He  was  home.     I  saw  him  nearly  every  day ;  at  least  three 


THE     TRIAL.  433 

or  four  times  a  week.  I  saw  him  at  cturcli  and  at  home.  I  never 
saw  him  anywhere  else. 

Q.    You  have  stated  the  object  of  your  visit  to  Giesboro'  ? 

A.   Yes,  sir  :  to  buy  Grovernment-condemned  horses. 

Q.  How  long  have  you  been  living  within  three-quarters  of  a 
mile  of  Dr.  Mudd's  place  ? 

A.   I  have  lived  there  all  ray  life. 

Q.   Were  you  there  all  last  year  ? 

A.  No,  sir :  I  was  at  college  part  of  last  year,  —  Mount  St. 
Mary's  College,  near  Emmettsburg.  I  came  home  about  the  29th 
day  of  June. 

Q.    Have  you  been  home  ever  since  ? 

A.   Yes,  sir. 

Q.  And  you  have  been  over  at  your  brother's,  you  say,  every 
day,  or  three  or  four  times  a  week  ? 

A.  Yes,  sir. 

Q.  Do  you  know  of  any  parties  of  Confederate  soldiers  or  other 
persons  having  been  about  your  brother's  house  since  the  29th  of 
July,  1864,  since  you  returned  from  college  ? 

A.   I  do  not. 

Q.    Did  you  ever  see  or  hear  of  John  Surratt  at  your  brother's  ? 

A.  Never. 

Q.  Will  you  state  whether  or  not  your  father  is  a  landholder  in 
the  county? 

A.  He  is. 

Q.    How  large  a  farm  is  it  that  your  brother,  the  prisoner,  has? 

A.   Between  four  and  jBve  hundred  acres,  I  think. 

Cross-examined  by  Assistant  Judge  Advocate  Burnett  : 

Q.    You  say  he  has  a  farm  of  four  hundred  or  five  hundred 
acres.     Does  he  own  that  ? 
A.   My  father  gave  it  to  him. 
Q.    How  did  he  give  it  to  him  ? 
A.   He  set  him  on  it. 
Q.    Has  he  got  any  deed  of  it  ? 
A.   Not  that  I  know  of. 
Q.    Do  you  not  know  that  he  has  not  ? 
voii.  II.  37 


134  THE     TRIAL. 

A.  Yes,  sir  ;  I  do. 

Q.  You  know  that  he  has  not  any  deed  of  it  ? 

A.  Yes,  sir. 

Q.  He  is  simply  there  a  tenant  of  your  father's  ? 

A.  Yes,  sir  :  he  owns  the  place'. 

Q.  Your  father  owns  it  ? 

A.  Yes,  sir  :  my  father  ovras  it. 

Q.  Do  you  know  that  Dr.  Samuel  A.  Mudd,  a  prisoner  here, 
does  not  own  a  foot  of  land  of  any  kind  ? 

A.  I  do  not. 

Q.  Do  you  know  that  he  does  ? 

A.  I  know  this  much, — he  can  get  a  deed  any  day  he  wants  it. 

Q.  Do  you  know  that  he  owns  a  foot  of  land  ? 

A.  I  do  not. 

By  Mr.  Ewing  : 

Q.  Do  you  know  whether  or  not  your  father  set  apart  any  lands 
for  your  brother,  Samuel  A.  Mudd  ? 

A.   He  set  apart  that  farm  for  him,  as  I  always  understood. 

Q.    Is  it  known  as  his  farm  ? 

A.   Yes,  sir :  it  goes  by  that  name. 

Q.  Do  you  know  of  your  brother,  Samuel  A.  Mudd,  having 
sold  and  received  the  proceeds  of  sale  of  any  portion  of  the  lands 
held  in  your  father's  name  ? 

A.  I  do.  The  land  on  which  Mr.  John  F.  Hardy  now  lives,  my 
father  bought  about  six  years  ago,  and  bought  it  for  my  brother, 
Dr.  Sam.  Mudd.  The  house  was  burned  down  a  short  time  after- 
wards, and  he  then  built  a  small  house  on  it.  My  brother,  not 
being  satisfied  with  the  house,  sold  the  farm  to  3Ir.  John  F.  Hardy, 
and  made  all  the  agreements  and  sales,  and  received  the  proceeds. 

Q.    Who  held  the  title  at  that  time  ? 

A.   My  father. 

John  F.  Hardy, 

a  witness  called  for  the  accused,  Samuel  A.  Mudd,  being  duly 
iwom,  testified  as  follows  :  — 

Bv  Mr.  Ewing  : 


THE     TRIAL.  435 

Q.    State  where  you  live. 

A.  In  Charles  County,  Md.,  about  two  miles  and  a  half  above 
Bryantown. 

Q.  Were  you  or  not  present  with  Dr.  Samuel  A.  Mudd  one 
week  after  the  assassination  of  the  President  ?  and,  if  so,  where  ? 

A.   I  was  at  his  father's  :  we  dined  there  together. 

Q.    Did  a  messenger  come  for  him  to  go  to  his  house  ? 

A.    One  did. 

Q.    Did  you  go  with  him  ? 

A.   I  did. 

Q.    Did  you  meet  any  officer  before  you  got  to  the  house  ? 

A.   We  met  Lieutenant  Lovett  in  Dr.  Mudd's  yard. 

Q.  State  what  was  said  between  Lieutenant  Lovett  and  Dr. 
Mudd  then. 

A.  Dr.  Mudd  introduced  Lieutenant  Lovett  to  me.  I  did  not 
understand  his  name  then ;  but  I  learnt  it  a  few  days  afterwards. 
We  walked  into  the  house  ;  and,  when  we  got  in  the  house,  Dr. 
Mudd  told  Lieutenant  Lovett  that  there  was  a  boot  there,  and 
asked  him  if  he  wanted  it;  and  he  said,  "Yes." 

Q.    Did  he  mention  that  before  or  after  he  got  into  the  house  ? 

A.   I  think  it  was  in  the  house  he  mentioned  it. 

Q.  Had  any  inquiry  been  addressed  to  him  first,  or  any  thing 
said  about  it  ? 

A.   No,  sir  ;  not  in  my  hearing. 

Q.    Was  any  thing  said  as  to  how  the  boot  had  been  found  ? 

A.   Yes,  sir. 

Q.    What  was  said  ? 

A.  His  wife  said  she  had  found  it  under  the  bed  in  dusting  up 
the  room  a  day  or  two  afterwards. 

Cross-examined  by  Assistant  Judge  Advocate  Burnett  : 

Q.  What  remark  was  made  about  searching  the  house  before 
any  thing  was  said  about  the  boot  ? 

A.   Not  a  word  that  I  heard. 

Q.  How  long  had  any  of  the  soldiers  been  there  before  you  got 
there  ? 

A.   I  do  not  know. 


436  THE     TRIAL. 

Q.  How  many  were  there  when  you  got  there  ? 

A.  I  think  we  counted  twenty-eight  horses. 

Q.  There  at  the  house  ? 

A.  At  the  house. 

Q.  You  do  not  know  what  occurred  before  you  got  there  ? 

A.  No,  sir. 

Q.  Nor  what  had  been  said  or  done  ? 

A.  No,  sir. 

By  Mr.  Ewing  : 

Q.    Can  you  say  who  gave  the  boot  to  the  officers  ? 
A.  Dr.  Sam.  Mudd  himself  gave  it. 

Q.    Had  Dr.  Sam.  Mudd  any  conversation  with  anybody  before 
he  mentioned  the  fact  that  the  boot  was  there  at  that  time  ? 
A.  I  thmk  not. 

By  Assistant  Judge  Advocate  Burnett  : 

Q.  You  do  not  know  what  conversations  had  taken  place  be- 
tween him  and  those  men  before  you  got  there  ? 

A,  I  went  with  Dr.  Sam.  Mudd  from  his  father's  house  to  his 
house. 

Q.  You  do  not  know  what  had  occurred  between  him  and  those 
men  on  the  Tuesday  before,  or  on  the  previous  part  of  the  same 
day,  Friday? 

A.   No,  sir. 

Q.    What  time  in  the  day  was  that? 

A.  I  suppose  it  was  between  the  hours  of  twelve  and  two 
o'clock.     We  had  taken  dinner  at  his  father's,  Henry  L.  Mudd's. 

Q.    What  messenger  went  for  the  doctor  ? 

A.  I  did  not  see  the  messenger.  Mr.  Davis,  I  think,  was  the 
man.  A  little  child  came  running  in,  the  doctor's  nephew,  living 
at  Henry  L.  Mudd's,  and  said,  *'  Uncle  Sam.,  JNIr.  Davis  is  out 
here  in  the  yard,  and  wishes  to  see  you." 

Dr.  J.  H.  Blanford, 

a  witness  called  for  the  accused,  Samuel  A.  Mudd,  being  duly 
sworn,  testified  as  follows ;  — 


THE     TRIAL.  437 

By  Mr.  Ewing  : 

Q.    Where  do  you  live  ? 

A.  In  Prince  George's  County,  Md.,  about  twelve  miles  from 
this  city. 

Q.  State  whether  or  not,  during  this  past  spring,  you  accompa- 
nied Dr.  Mudd  up  towards  Washington. 

A.   I  did. 

Q.    State  when  it  was,  and  what  was  done. 

A.  I  accompanied  him  on  the  11th  of  April  last  to  Giesboro'  to 
attend  a  Government  sale  of  horses  there. 

Q.  Who,  if  anybody,  was  in  company  with  him  besides  your- 
self? 

A.  His  brother,  Henry  L.  Mudd,  Jr.  We  three  were  in  com- 
pany, no  others.  We  were  at  the  sale  some  time  before  the  hour. 
I  remained  there  with  him  till  after  twelve  o'clock,  examining  horses. 
The  horses  were  of  very  inferior  quality.  He  made  no  purchases 
during  my  stay  there.  About  half-past  twelve,  having  business 
in  Washington,  I  left  him,  making  an  engagement  with  him  to  meet 
him  —  the  time  appointed  was  three  o'clock  —  at  Mr.  Martin's, 
near  the  bridge.  I  came  to  Washington,  transacted  my  business 
there,  and  got  back  to  Mr.  Martin's,  I  think,  about  half-past  two, 
as  near  as  I  can  recollect,  and  found  Dr.  Mudd  there  waiting  for 
me.  I  remained  there  probably  fifteen  minutes  r  we  then  rode  to- 
gether down  towards  home  :  when  we  got  to  the  road  turning  to  my 
house,  I  went  home,  and  he  continued  his  journey. 

Q.  When  you  started  for  Washington,  you  left  him  at  Gies- 
boro'  ? 

A.  Yes,  sir. 

Q.    Was  his  brother  there  then  ? 

A.   His  brother  was  with  him  then. 

Q.    Was  his  brother  with  him  when  you  returned  ? 

A.   He  was. 

Q.    State  where  this  Martin's  is. 

A.  It  is  on  the  corner,  right  in  the  forks  of  the  road,  not  more 
than  fifty  or  a  hundred  yards  from  the  bridge.  One  road  turns  to 
the  right,  leading  to  Giesboro',  and  the  other  is  the  stage-road, 
37* 


438  THE     TRIAL. 

leading  down  through  the  counties.     Mr.  Martin's  house  is  just 
in  the  forks  of  these  roads. 

Q.    That  is  on  the  other  side  of  the  Eastern  Branch  ? 

A.   Yes,  sir. 

Q.  How  far  is  Martin's  from  Washington,  say  from  the  National 
Hotel? 

A.  I  suppose  it  is  a  mile  and  a  half,  or,  probably,  two  miles 
from  the  National  Hotel. 

Q.  Do  you  know  whether  he  made  any  purchases  of  horses  at 
all  on  that  visit  ? 

A.   He  did  not. 

Q.  Have  you  any  knowledge  of  Dr.  Mudd  offering  to  sell  his 
farm  ? 

A.  I  have  no  knowledge  of  any  direct  offer  he  made  of  his  farm 
for  sale. 

Q.  Have  you  knowledge  of  his  expressed  purpose  in  that  re- 
spect ? 

A.  He  spoke,  in  general  terms,  of  being  dissatisfied  with  the 
place,  and  that  he  would  like  to  sell,  and  that,  if  he  had  an  advan- 
tageous offer,  he  would  sell. 

Q.    When  did  you  hear  him  speak  of  that  ? 

A.   I  have  heard  him  speak  of  that  for  several  years  back. 

Q.    What  place  was  he  referring  to  ? 

A.  The  place  on  which  he  lives.  I  say  "  several  years  :  "  I 
suppose  I  have  heard  him  speak,  during  the  last  eighteen  months, 
several  times  on  that  subject. 

Q.    How  long  did  you  stay  at  Giesboro'  together? 

A.  We  got  there,  I  think,  between  eight  and  nine  o'clock  in 
the  morning ;  and  I  remained  there  until  after  twelve. 

Q.    Was  Dr.  Mudd  with  you  all  the  time  ? 

A.   He  was. 

Robert  F.  Martin, 

a  witness  called  for  the  accused,  Samuel  A.   Mudd,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Ewing  : 

Q.    Are  you  acc[uainted  with  the  prisoner,  Samuel  A.  Mudd  ? 


THE     TRIAL.  439 

A.  Yes,  sir. 

Q.    Are  you  acquainted  with  Heury  L.  Mudd? 

A.    Yes,  sir. 

Q.    And  with  Dr.  Blanford  ? 

A.    Yes,  sir. 

Q.  Did  you  see  them  together  at  your  house  at  any  time  within 
the  past  two  or  three  months  ? 

A.  Yes,  sir.  Dr.  Mudd  was  at  my  house  :  came  there  on  the 
23d  day  of  March,  got  his  dinner,  and  left  his  horse,  he  and  Mr. 
Lewellyn  Gardiner,  and  went  over  the  river ;  and  came  back  the 
next  day  to  dinner  and  got  their  horses. 

Q.    What  other  time  did  you  see  him  ? 

A.   I  think  it  was  the  4th  of  April  he  was  at  my  house. 

Q.    Who  was  with  him  ? 

A.   Henry  Mudd,  his  brother. 

Q.    Was  Dr.  Blanford  there  with  him  ? 

A.  I  do  not  think  Dr.  Blanford  came  in  with  them ;  but  I  do 
not  know  that.  I  know  they  all  went  off  together  somewhere  from 
my  place. 

Q.    Do  you  know  where  they  had  been  ? 

A.  When  they  came  there  they  said  they  were  going  to  Gries- 
boro'  Point  to  buy  horses. 

Q.  How  long  were  Henry  L.  Mudd  and  Dr.  Samuel  A.  Mudd 
together  at  your  house  then  ? 

A.  I  cannot  recollect  precisely  now.  I  think  an  hour,  or  two 
hours.     I  know  they  had  their  horses  put  away,  and  they  had  their 

dinners. 

Q.  From  which  direction  did  they  come  when  they  came  to  your 
house  ? 

A.   That  I  cannot  tell. 

Q.    About  what  time  did  Dr.  Blanford  join  them  ? 

A.  I  think  it  was  between  thi-ee  and  four  o'clock,  though  I  can- 
not be  positive. 

Q.    Have  you  any  means  of  fixing  the  date  ? 

A.  I  have  not,  except  that  some  gentlemen  stopped  there  from 
the  county  that  day,  and  registered  their  names.  It  was  the  4th 
of  April,  I  am  satisfied. 


440  THE     TRIAL. 

Q.  Was  Dr.  Mudd  there  afterwards,  between  that  time  and  the 
assassination  of  the  President  ? 

A.   No,  sir ;  not  to  my  knowledge. 

Q.   Was  Henry  L.  Mudd  there  afterwards? 

A.   No,  sir. 

Q.  Was  Dr.  Blanford  there  between  that  time  and  the  assassi- 
nation of  the  President  ? 

A.   No,  sir  :  I  do  not  recollect  his  being  there  during  that  time. 

Q.    Where  is  your  book  ?  ' 

A.   At  home. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.    You  say  it  was  the  4th  of  April  ? 

A.  I  did  not  register  his  name  at  all  that  day ;  but  there  was  a 
man  named  Stewart  there  who  had  just  sold  a  horse  up  town  to 
somebody,  and  his  name  was  registered. 

Q.    What  other  man  was  there  ? 

A.  I  cannot  tell.     The  book  will  tell  if  there  were  any  more. 

Q.   You  say  it  was  the  4th  of  April  ? 

A.  I  think  so. 

J.  H.  Montgomery, 

a  witness  called  for  the  accused,   Samuel  A.  Mudd,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Ewing  : 

Q.  Are  you  acquainted  with  the  prisoner.  Dr.  Samuel  A. 
Mudd? 

A.   I  am. 

Q.  Will  you  stat«  whether  in  December  last  he  made  an  arrange- 
ment with  you  for  bringing  some  articles  from  Washington  down  to 
his  house  ? 

A.  Yes :  he  asked  me  could  I  bring  him  a  stove  down  from 
Washington. 

Q.    What  date  was  that? 

A.  It  was  the  Thursday  morning  before  Christmas. 

Q.    What  day  of  the  month  ? 

A.  The  22d  of  December,  I  think. 


THE     TRIAL.  441 

Q.    What  time  in  the  clay  was  it  ? 

A.   Soon  in  the  morning,  before  breakfast. 

Q.    Did  he  make  an  arrangement  for  bringing  it  down  ? 

A.  I  told  him  that  Lucas  could  bring  it  down  :  Lucas  hucksters 
for  me.  Lucas  went  up  on  Wednesday,  and  was  to  come  down  on 
Thursday ;  but  he  did  not  come  until  Friday,  and  he  went  back 
again  on  Friday. 

Q.    Mr.  Lucas  drives  your  wagon  for  you  ? 

A.   Yes,  sir. 

The  Commission  then  adjourned  until  to-morrow,  Tuesday,  May 
30,  at  ten  o'clock,  a.m. 


Tuesday,  May  30,  1865. 
The  Commission  met  at  the  usual  hour,  and  the  following  testi- 
mony was  taken  :  — 

Lewis  F.  Bates, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q.    State  to  the  Court  where  you  reside. 

A.  In  Charlotte,  N.C. 

Q,    How  long  have  you  resided  there  ? 

A.   A  little  over  four  years. 

Q.  In  what  business  have  you  been  engaged  there  during  the 
past  year  ? 

A.  Superintendent  of  the  Southern  Express-Company  for  the 
State  of  North  Carolina. 

Q.  State  whether  or  not,  recently,  you  saw  Jefferson  Davis  at 
Charlotte,  N.C,  and  under  what  circumstances,  giving  the  time. 

A.   He  stopped  at  my  house  on  the  19th  day  of  April  last. 

Q.    Did  he  make  an  address  to  the  people  on  that  occasion? 

A.    He  did,  from  the  steps  of  my  house. 

Q.  State  whether  or  not,  in  the  course  of  that  address,  or  at 
the  close  of  it,  a  telegram  was  received  by  him  announcing  the 
assassination  of  the  President  of  the  United  States. 


442  THE     TRIAL. 

A.   It  was  received  by  him,  or  rather  handed  to  him,  there. 
Q.    From  whom  was  the  telegram  ? 
•  A.   John  C.  Breckinridge. 
Q.    Did  he  or  not  read  that  telegram  to  the  crowd  present? 
A.  He  did. 

Q.    [Submitting  to  the  witness  a  telegraphic  despatch.]     Look 
at  that  paper,  and  see  whether  it  is  the  same  despatch. 
A.   I  should  say  that  it  was. 

The  telegram  was  read  to  the  Court,  as  follows :  — 

Greensboro',  April  19,  1865. 
^^His  Excellency  President  Davis. 

"  President  Lincoln  was  assassinated  in  the  theatre  in  Washing- 
ton on  the  night  of  the  11th  instant.  Seward's  house  was  entered 
on  the  same  night,  and  he  was  repeatedly  stabbed,  and  is  probably 

mortally  wounded. 

"  John  C.  Breckinridge." 

Q.  State  to  the  Court  what  Jefferson  Davis  said  after  reading 
this  despatch  to  the  crowd.  Endeavor  to  recall,  if  you  can,  his 
precise  language. 

A.  In  concluding  his  speech  to  the  people,  he  read  this  despatch 
aloud,  and  made  this  remark  :  "  K  it  were  to  be  done,  it  were  bet- 
ter it  were  well  done." 

Q.    You  are  quite  sure  those  are  the  words  he  used? 

A.   Those  are  the  words. 

Q.  State  whether  or  not,  within  a  short  time  afterwards,  —  a  day 
or  two,  —  Jefferson  Davis,  John  C.  Breckinridge,  and  others  were 
present  in  your  house  at  Charlotte. 

A.   They  were. 

Q.  And  the  assassination  of  the  President  was  a  subject  of  con- 
versation ? 

A.  It  was  a  day  or  two  afterwards.  That  was  the  subject  of 
their  conversation  in  th6  house  at  the  time. 

Q.    Can  you  remember  what  John  C.  Breckinridge  said? 

A.  In  speaking  of  the  assassination  of  President  Lincoln,  he 
remarked  to  Davis  that  he  regretted  it  very  much :    that  it  was 


THE     TRIAL.  443 

unfortunate  for  the  people  of  the  South  at  that  time.  Davis  replied, 
"  Well,  general,  I  don't  know.  If  it  were  to  be  done  at  all,  it  were 
better  that  it  were  done  :  and  if  the  same  had  been  done  to  Andy 
Johnson  the  Beast,  and  to  Secretary  Stanton,  the  job  would  then 
be  complete." 

Q.    You  feel  confident  that  you  recall  his  words,  do  you? 

A.   Yes,  sir :  those  are  the  words  he  used. 

Q.  State  whether  or  not  the  regret  which  John  C.  Breckinridge 
expressed  at  the  assassination  was  because  of  its  criminality,  or 
simply  because  it  was  unfortunate  for  the  people  of  the  South  at 
that  time. 

A.   I  drew  that  conclusion. 

Q.    Was  any  remark  made  at  all  as  to  the  criminality  of  the  act  ? 

A.  No,  sir.  Mr.  Breckinridge  simply  said  he  regretted  it  as 
being  unfortunate  for  the  South. 

Q.    Of  what  State  are  you  a  native  ? 

A.    Massachusetts. 

John  C.  Courtney, 

a  witness  called  for  the  prosecution,  being  duly  sworn,  testified  as 
follows :  — 

By  the  Judge  Advocate  : 

Q.    Where  do  you  reside  ? 

A.   In  Charlotte,  N.  C. 

Q.    In  what  business  have  you  been  engaged  there? 

A.  Telegraphic  business  in  connection  with  the  Southern  Express- 
Company. 

Q.  [Exhibiting  to  the  witness  the  telegi'aphic  despatch  referred 
to  by  L.  F.  Bates.]  Look  at  that  telegraphic  despatch  of  which  Mr. 
Bates  has  just  spoken,  and  state  to  the  Court  whether  or  not  it 
passed  over  the  wires  at  the  date  indicated. 

A.  Yes,  sir :  that  is  a  true  copy  of  a  message  that  was  transmit- 
ted on  the  19th  of  April,  1865. 

Q.    To  Davis? 

A.  Yes,  sir :  to  Jeiferson  Davis,  from  Greensboro',  signed  by 
John  C.  Breckinridge.  The  despatch  was  received  by  one  of  my 
operators.     I  was  standing  by  when  it  was  received. 


444  THE     TRIAL. 

Q.    Was  it  immediately  sent  to  Jefferson  Davis  in  Charlotte  ? 

A.  When  the  messao;e  was  received  in  Charlotte  he  was  en  route 
from  Greensboro',  or  from  Concord,  where  he  had  stopped  the  night 
before,  to  Charlotte.  It  was  delivered  to  him  at  Mr.  Bates's  house 
in  Charlotte. 

Q.    On  that  day  ? 

A.   Yes,  sir. 

Egbert  F.  Martin, 
recalled  for  the  accused,  Samuel  A.  Mudd. 

By  Mr.  Ewing  : 

Q.  When  you  were  upon  the  stand  yesterday,  you  thought  that 
Dr.  Samuel  A.  Mudd,  Henry  L.  Mudd,  Jr.,  and  Dr.  Blanford, 
were  at  your  house  on  the  4th  of  April  last  ? 

A.  That  was  a  mistake.  It  was  Jerry  Mudd,  instead  of  Dr. 
Mudd,  that  was  there  on  that  day,  as  I  find  on  examining  my 
register.  It  was  on  the  14th  of  April  that  Dr.  Mudd  and  his 
brother  and  Dr.  Blanford  were  there.  The  reason  why  I  know 
is,  because  Joshua  S.  Naylor  and  Lemuel  Orme  drove  up  about 
half  an  hour,  I  think,  after  Dr.  Mudd  left ;  and  they  asked  me  if 
there  was  anybody  from  the  country  up,  and  I  told  them  that  Dr. 
Mudd  and  his  brother  had  just  left  my  house,  and  they  registered 
their  names. 

Q.  Do  you  recollect  seeing  Th\  Mudd  and  Jerry  Mudd  on  their 
way  to  Washington  in  December  last  ? 

A.  I  did  not  see  them  on  their  way,  to  my  knowledge.  I  saw 
them  in  market  in  Washington  here  on  the  24th  of  December.  The 
doctor  stood  at  my  stand,  and  helped  me  to  sell  turkeys,  while  I 
went  around  the  market.  He  said  he  thought  he  could  do  better 
than  I  was  doing ;  the  market  was  rather  dull.  I  left  him,  and 
went  around  the  market,  and  came  back ;  and  I  do  not  think  he 
had  sold  one. 

Q.    How  long  was  he  at  your  stand  in  market  that  day? 

A.  I  should  judge  it  was  from  a  quarter  to  half  an  hour.  He 
was  there,  I  think,  twice  during  the  day. 

Q.    How  long  at  both  times  ? 

A.   The  first  time  he  was  there  he  did  not  stop  there  long.     The 


THE     TRIAL.  445 

second  time,  lie  stopped  not  over  five  or  ten  minutes.  He  inquired 
of  Lucas  whether  he  could  carry  hira  a  stove  down  that  he  had 
bought  at  Gregory's,  I  think  he  said.  Mr.  Lucas's  reply  was,  that, 
if  he  sold  his  poultry,  he  would  carry  it  down  for  him ;  if  not,  he 
would  have  to  take  it  over  to  me.  However,  he  did  not  sell  out  his 
poultry,  and  took  some  of  it  to  my  place,  and  left  it  for  me  to  sell 
it  for  him.  So  the  stove  was  not  moved  that  day,  I  know,  because 
I  went  down  with  Lucas  to  my  house. 

Q.  Did  you  see  him  between  that  time,  the  24th  of  December, 
and  the  14th  of  April  ? 

A.  Yes,  sir  ;  he  stopped  at  my  house  on  the  23d  day  of  March. 
His  name  is  registered  on  my  book  on  that  day :  and  he  got  his 
dinner,  and  I  put  his  horse  away,  and  kept  it  until  the  24th  of 
March,  when  he  came  to  my  house,  took  dinner,  got  his  horse,  and 
started  for  home. 

Q.    Who  was  with  him  on  that  occasion? 

A.   Mr.  Lewellyn  Gardiner. 

Q.    Did  he  leave  his  horse  there  also  ? 

A.   Yes,  sir  :  both  horses  were  left  there. 

Q.    What  time  were  the  horses  left  there  ? 

A.   I  think  it  was  before  dinner. 

Q.    What  time  were  they  taken  away  ? 

A.   They  were  taken  away  after  dinner  the  next  day. 

Q.    Do  you  know  where  they  went  ? 

A.   I  do  not.     I  only  know  they  went  across  the  bridge. 

Mr.  Ewing.  I  now  propose  to  ask  the  witness  what  statement 
was  made  by  the  accused  to  him  as  to  the  purpose  of  his  visit. 
Inasmuch  as  the  visit  has  to  be  explained,  I  think,  under  the  rules 
of  evidence,  that  statement  is  clearly  admissible.  There  are  plenty 
of  authorities  for  it. 

Assistant  Judge  Advocate  Bingham.  I  undertake  to  say  that 
there  is  not  any  authority  in  the  world  for  it,  because  that  is  not  in 
issue. 

Mr.  Ewing.    It  is  in  issue  whether  he  met  Booth  in  January. 

Assistant  Judge  Advocate  Bingham.  Not  in  March.  This  is 
in  relation  to  a  visit  of  the  23d  of  March. 

Mr.  Ewing.    It  is  in  issue  whether  Dr.  Mudd  met  Booth  in 

VOL.  II.  88 


446  THE     TRIAL. 

Washington.     We  are  not  confined  as  to  any  particular  day  when 
the  meeting  may  have  occurred.     We  want  to  show  that  he  could 
not  have  met  Booth  from  the  23d  of  December  down  to  the  time 
of  the  assassination  of  the  President ;    and,  in  order  to  show  that, 
we  prove  his  presence  at  home  during  all  that  period,  except  the  visit 
to  Giesboro',  and  the  one  night  he  went  to  the  party ;  and  we  follow 
it  by  proof  as  to  what  his  visits  were  for,  and  as  to  what  he  did, 
who  was  with  him,  and  where   he  went.     Now,  as  a  part  of  the 
proof,  to  show  the  purpose  of  the  visits  to  Washington,  his  declara- 
tions as  to  the  purpose  of  the  visit  made  at  the  time  of  making  the 
visit  are  admissible  under  the  rules  of  evidence.     I  will  read  to  the 
Court  an  authority  on  that  subject,  from  2  Russell  on  Crimes,  p. 
750  :   "  And,  generally  speaking,  declarations  accorxipanying  acts 
are  admissible  in  evidence  as  showing  the  nature,  character,  and 
objects  of  such  acts.    Thus,  where  a  person  enters  into  land  in  order 
to  take  advantage  of  a  forfeiture  to  foreclose  a  mortgage,  to  defeat 
a  disseisin,  or  the  like,  or  changes  his  actual  residence,  or  is  upon  a 
journey,   or  leaves  his   home,   or  returns  thither,   ...  his  dec- 
larations made  at  the  time  of  the  transaction,  and  expressive  of 
its  character,  motive,  or  object,  are  regarded  as  verbal  acts  indicat- 
ing a  present  purpose  and  intention,  and  are  therefore  admitted  in 
proof,  like  any  other  material  acts." 

The  authority  is  exactly  in  point.  The  fact  of  the  journey  is 
legitimately  given  in  evidence  by  us ;  and  so  the  object  of  the  jour- 
ney is  legitimate  :  and,  in  connection  with  the  object  of  the  journey, 
his  declarations  as  to  its  purpose  are  admissible. 

Assistant  Judge  Advocate  Bingham.  The  gi-eat  trouble  is  that 
the  gentleman  does  not  read  enough.  I  would  yield  the  point  if 
he  could  show  in  the  book  from  which  he  has  read,  or  in  any  other 
book,  an  authority  saying  that  proof  of  the  kind  now  offered  was 
admissible  when  the  point  to  which  it  related  was  not  in  issue.  The 
rule  on  the  subject  is,  that,  if  the  prosecution  prove  the  declarations 
and  acts  of  the  accused,  he  may  prove  all  that  he  said  on  those 
occasions,  as  part  of  the  res  gestce  ;  but  there  is  no  such  thing  in 
the  text  he  read,  or  in  any  other,  as  that  a  man  may  prove  what  he 
said  at  another  time  and  place  not  involved  in  the  issue,  and  about 
which  there  has  been  no  proof  offered  by  the  prosecution.     The 


THE     TRIAL.  447 

gentleman  says  lie  wants  to  prove  what  the  prisoner  said  as  to  the 
object  of  this  journey,  in  order  to  show  that  he  was  not  coming  to 
see  Booth.  I  suppose  if,  on  the  23d  of  March,  he  said  he  was  not 
hunting  Booth,  and  they  prove  that ;  and  if,  when  he  got  back  home, 
he  said  he  did  not  see  Booth,  and  they  prove  that,  it  would  be  proof 
of  that  fact !  What  authority  is  there  for  saying  that  that  can  be 
done  ?  There  is  no  book  in  the  world  that  says  so  :  the  text  read 
by  the  gentleman  does  not  mean  any  such  thing.  If  the  gentleman 
can  show  me  a  text  which  says  that  a  defendant  may  prove  an  act 
that  has  not  been  put  in  issue  by  the  accusation,  about  which  no 
proof  has  been  offered  by  the  prosecution,  and  prove  all  he  said  on 
that  occasion,  I  shall  yield.  The  same  book  from  which  the  gentle- 
man read  lays  down  the  law  that  the  party  shall  upt  introduce  his 
own  declarations  on  his  own  motion.  The  text  is  (p.  750)  :  "  Hear- 
say evidence  of  a  fact  is  not  admissible  ;  "  and  it  goes  on  to  say, 
*'  There  are,  however,  certain  instances  which  it  will  be  the  object  of 
this  section  to  point  out,  where  hearsay  evidence  is  admissible  :  " 
but  when?  "When  hearsay  is  introduced,  not  as  a  medium  of 
proof  in  order  to  establish  a  distinct  fact,  but  as  being  in  itself  a 
part  of  the  transaction  in  question." 

Now,  is  this  transaction  in  question  ?  How  is  the  fact  whether 
Dr.  Mudd  came  to  Washington  on  the  23d  of  March  or  not,  in 
question  ?  Is  it  so  on  the  charge  and  specification  ?  Not  at  all. 
Is  it  so  by  any  proof  offered  by  the  prosecution  ?  Not  at  all.  Our 
proof  is,  that  in  January  he  was  here,  and  had  an  interview  with 
Booth  ;  and  he  is  not  to  disprove  that  by  his  mere  declarations ;  and 
this  testimony  is  offered  for  no  other  purpose  whatever.  It  is  not  to 
explain  any  transaction,  because  there  is  no  transaction  calling  for 
explanation.  The  fact  that  he  came  here  on  the  23d  of  March  is 
not  in  evidence  against  him,  —  it  is  not  a  matter  of  accusation 
against  him,  —  it  is  not  in  question  :  and  therefore  I  say  the  declara- 
tions of  that  date,  proposed  to  be  offered  in  evidence,  are  his 
declarations,  offered  in  evidence  on  his  own  motion,  for  no  purpose 
except  to  disprove  the  testimony  offered  against  him  by  the  prosecu- 
tion, —  that  he  had  an  interview  with  Booth  in  January ;  and  there 
is  no  text  of  any  law-book  anywhere  that  says  he  can  make  evidence 
in  that  way  by  his  own  declarations. 


448 


THE     TRIAL. 


The  Commission  sustained  the  objection. 

Q.  [By  Mr.  Ewing.]  State  how  far  from  the  bridge  your 
hotel  is. 

A.  It  is  about  a  hundred  yards  from  the  hotel  to  the  Navy- Yard 
Brido;e,  the  Eastern  Branch  Bridge. 

Q.  Do  persons  going  to  Bryantown  from  "Washington  pass  by 
your  hotel  ? 

A.  Yes,  sir  :  I  have  a  post-office  there.  The  Leonardtown  stage 
leaves  the  mail  there,  going  and  coming,  morning  and  afternoon. 

Q.  State  whether,  upon  any  other  time  since  the  24th  of  Decem- 
ber, you  have  seen  Dr.  Mudd  going  to,  or  returning  from,  Wash- 
ington, or  about  your  hotel,  except  those  two  times  that  you 
speak  of. 

A.  I  have  never  seen  him.  I  am  not  home  much  myself.  I 
attend  market  pretty  regular. 

Q.    Have  you  ever  known  of  his  being  there  at  any  other  time  ? 

A.  No,  sir  :  I  have  not.  I  never  kept  any  record  of  persons 
stopping  there  until  the  20th  of  February.  I  cannot  recollect 
them  all.  There  were  a  good  many  persons  there  from  different 
counties. 

Q.  If  he  had  stopped  there  at  any  other  time  but  those  two,  you 
would  have  recollected  it  ? 

A.  I  suppose  I  would  ;  I  do  not  know  :  I  cannot  say  positively 
whether  I  did  or  not.  Those  are  the  only  times  I  recollect  of  ever 
seeing  him.  I  do  not  recollect  him  stopping  there  on  the  24th  of 
December.     I  saw  him  in  market,  though. 

Cross-examined  by  Assistant  Judge  Advocate  Bingham  : 

Q.  Who  are  the  two  persons  that  you  say  called  at  your  place, 
and  asked  if  there  was  anybody  there  from  Charles  County? 

A.   Mr.  Joshua  S.  Naylor  and  Lemuel  Orme. 

Q.    What  day  was  that  ? 

A.  I  can  tell  positively  by  the  register.  It  was  on  the  11th  day 
of  April. 

By  Mr.  Ewing  : 

Q.  Do  you  know  whether  Dr.  Mudd  was  there  when  Joshua  S. 
Naylor  or  Lemuel  Orme  came  there  ? 


THE     TRIAL.-  449 

A.  I  tliink  not.  They  were  just  from  Upper  Marlboro',  and 
went  the  other  road.  They  went  from  my  house,  and  drove  right 
over  to  the  cars,  taking  their  horses  back. 

Q.    Bid  they  say  for  what  purpose  they  wanted  to  see  him  ? 

A.  They  did  not  say  they  wanted  to  see  anybody  in  particular. 
They  were  only  inquiring  whether  anybody  was  up  from  the 
county. 

Mr.  Ewing  stated  that  Jeremiah  Dyer,  one  of  the  witnesses 
heretofore  called  for  the  accused,  Samuel  A.  Mudd,  desired  the 
privilege  of  correcting  his  testimony  in  one  particular. 

The  Commission  consented  that  the  correction  should  be  made. 

Jeremiah  Dyer 
recalled. 

The  "Witness.  I  find  in  one  place  in  my  testimony  a  mistake. 
If  I  so  stated,  I  certainly  did  not  mean  it.  The  statement  is,  that 
I  had  never  crossed  the  Potomac  since  the  war.  I  meant  to  say 
that  I  had  never  crossed  the  Potomac  since  the  fall  of  1861.  I 
was  speaking  of  these  parties  in  the  pines.  I  accompanied  those 
parties  to  Virginia  on  that  occasion.  I  remained  there  four  or  five 
weeks,  and  then  returned.  I  went  there  to  avoid  arrest.  I  thought 
the  question  had  been  asked,  or  it  was  understood,  in  speaking  of 
those  parties  being  together,  that  I  had  accompanied  them.  I 
understood  it  was  stated  that  Gwynn  had  gone  there,  and,  of 
course,  I  was  with  him,  and  accompanied  him  to  Richmond.  In 
speaking  of  crossing  the  .Potomac,  my  reference  was  to  the  time 
since  the  fall  of  1861. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.  Have  you  any  further  correction  you  wish  to  make  ? 

A.  No,  sir. 

Q.  What  part  of  Virginia  did  you  accompany  them  to  ? 

A.  We  went  to  Richmond. 

Q.  What  time  in  1861  ? 

A.  In  September,  I  think. 

Q.  Who  were  the  parties  ? 

A.  Ben.  Gwynn,  Andrew  Gwynn,  and  myself. 
38* 


450  THE     TRIAL, 

Q.    That  was  after  the  Rebellioii  broke  out? 

A.   Yes,  sir. 

Q.    Some  time  in  September  ? 

A.   In  September. 

Q.   How  long  did  you  stay  in  Richmond  ? 

A.  I  staid  in  Richmond,  I  suppose,  about  four  weeks.  I  was 
sick  there  for  two  weeks.  From  there  I  came  to  Fredericksburg ; 
remained  there  about  a  week,  and  then  came  home. 

Q.    Did  you  see  Jefferson  Davis  when  you  were  there  ? 

A.   I  did  see  him  once  or  twice  passing  along. 

Q.    Did  you  have  an  interview  with  him  when  there  ? 

A.   No,  sir  :  I  never  spoke  to  him  in  my  life. 

Q.  Did  you  meet  with  any  of  the  officers  of  the  rebel  organiza- 
tion, civil  or  military,  there  ? 

A.  None  except  Mr.  Taylor,  who,  I  think,  was  in  the  "War  De- 
partment there,  from  whom  I  got  a  pass,  thi'ough  the  influence  of 
some  friends,  to  cross  the  river. 

Q.    What  business  took  you  and  these  men  to  Richmond  ? 

A.  To  avoid  arrest,  as  we  supposed  we  were  going  to  be  ar- 
rested.. 

Q.  And  you  thought  it  was  best  to  fall  into  the  hands  of  the 
enemy  V 

A.  I  do  not  know  what  I  thought  at  the  time.  I  regretted  it 
very  much  after  it  was  done. 

Q.  You  say  you  staid  with  them  in  the  pines.  Do  you  mean  in 
Virginia  ? 

A.   No,  sir. 

Q.    Where  then  ? 

A.   In  Maryland,  near  Dr.  Mudd's  house. 

Q.    When  did  you  go  to  the  pines  ? 

A.  We  were  there  a  few  days  during  the  week.  We  were  there 
some  four  or  five  days  before  we  left  there. 

Q.    Did  you  sleep  in  the  pines  at  night  ?. 

A.   Yes,  sir. 

Q.    Who  fed  you? 

A.   Dr.  Mudd. 

Q.    Did  you  not  belong  to  an  organization  (I  do  not  care  whether 


THE     TRIAL.  451 

it  was  secret  or  public)  hostile  to  the  Government  of  your  coun- 
try? 

A.   I  belonged  to  a  cavalry  company,  as  I  stated  before. 

Q.  I  ask  you  whether  it  was  not  hostile  to  the  Government  and 
Administration  of  the  United  States  ? 

A.   In  its  organization  it  was  not. 

Q.    Was  it  not  in  fact  ? 

A.   I  cannot  say  that  it  was  in  fact. 

Q.    Was  it  not,  at  the  time  that  you  belonged  to  it  ? 

A.  It  would  probably  depend  on  circumstances.  I  suppose  if 
Maryland  had  passed  an  ordinance  of  secession,  in  all  probability 
that  company  would  have  been  in  the  rebel  array. 

Q.  Was  not  that  organization  in  favor  of  sustaining  Maryland  in 
so  doing? 

A.   I  cannot  say. 

Q.  Did  not  its  members  encourage  the  passage  of  such  an  ordi- 
nance ? 

A.   I  do  not  know  that  they  did. 

Q.  Did  you  not  publicly  proclaim  yourself  in  favor  of  the  seces- 
sion of  Maryland  ? 

A.  Not  that  I  am  aware  of.  I  may  have  done  it;  I  do  not 
recollect:  it  has  been  four  years  ago. 

Q.    Have  you  been  over  the  lines  since  that  ? 

A.   I  have  not. 

Q.    Have  you  been  at  Dr.  Mudd's  since  ? 

A.   Yes,  su\ 

Q.    When? 

A.   I  was  at  his  house  last  Christmas. 

Q.  Were  you  at  his  house  at  any  other  time  beside  last  Christ- 
mas ? 

A. .  Yes,  sir  :  I  have  been  there  several  times. 

Q.    When? 

A.    During  the  last  summer. 

Q.    What  time  last  summer  ? 

A.   I  was  there  in  July. 

Q.    Who  was  there  with  you  ? 

A.   No  one. 


452  THE     TRIAL, 

Q.  What  other  time  were  you  there,  besides  July  and  last 
Christmas  ? 

A.  I  have  been  there  backwards  and  forwards  from  Baltimore 
during  the  last  two  or  three  years ;  and  I  generally  go  there  when- 
ever I  go  down  to  the  county. 

Q.    To  Dr.  Mudd's  ? 

A.   Yes,  sir. 

Q.    You  make  that  your  headquarters? 

A.   I  do. 

By  Mr.  Ewing  : 

Q.    What  relation  are  you  to  Dr.  Mudd  ? 

A.   A  brother-in-law. 

Q.    You  go  there,  then,  as  his  wife  is  your  sister  ? 

A.   Yes,  sir. 

Q.    You  go  to  see  your  sister  ? 

A.  I  do,  certainly,  whenever  I  go  to  the  county.  I  have  two 
or  three  sisters  there,  and  I  go  to  see  them  all. 

Q.  State  whether,  while  you  were  in  Virginia,  you  entered  into 
the  Confederate  service. 

A.   I  did  not.     I  did  not  go  there  with  that  intention. 

Q.  State  whether,  when  you  returned,  you  took  the  oath  of 
allegiance. 

A.   I  did. 

Q.    State  whether  you  have  kept  that  oath  of  allegiance  since. 

A.   I  have  never  violated  it  to  my  knowledge.     • 

Q.  Have  you  done  any  act  in  aid  or  encouragement  of  the 
Rebellion  since? 

A.   Not  that  I  am  aware  of. 

Q.  Have  you  endeavored  to  obey  the  laws,  and  sustain  the 
Government  since  ? 

A.   I  have  not  violated  any  law  that  I  am  aware  of. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.    When  did  you  take  this  oath  of  allegiance  ? 
A.   I  took  it  after  my  return  from  Virginia.     I  do  not  recollect 
the  exact  time  ;  some  weeks  or  so  afterwai'ds. 
Q.    In  what  year  ? 


THE     TRIAL.  453 

A.   1861,  I  think. 

Q.    Do  you  know  that  that  was  the  time  ? 

A.  I  think  it  was ;  I  am  not  positive  :  I  know  it  was  some  short 
time  after  I  returned. 

Q.    Who  administered  the  oath  of  allegiance  to  you  ? 

A.  I  think  one  of  the  lieutenants  or  captains  down  at  General 
Hooker's  camp. 

Q.    By  what  order  was  the  oath  of  allegiance  required  in  1861  ? 

A,  When  we  returned  home,  we  were  advised  to  report  to  the 
authorities  ;  and  I  got  a  letter  of  introduction  from  Judge  Crane  to 
one  of  the  commanding  officers,  —  I  do  not  recollect  his  name. 
When  I  started  to  go  to  see  him,  I  found  that  he  had  left  the  place 
where  he  had  been  stationed.  I  think  he  was  then  at  Chapel's 
Point,  or  somewhere  along  there.  In  a  week  or  ten  days  after  that, 
I  went  down  to  General  Hooker's  camp. 

Q.    Where  was  that  ? 

A.   At  Budd's  Ferry ;  and  took  the  oath  there. 

Q.    Who  administered  the  oath  ? 

A.   I  do  not  know  who  it  was,  —  a  lieutenant  or  a  captain. 

Q.    Do  you  know  whether  it  was  in  1861  at  all  or  not  ? 

A.   I  think  it  was  in  1861. 

Q.    What  month  ? 

A.  November  or  December,  I  think  it  was :  I  do  not  recollect 
exactly. 

Q.    Where  did  you  say  that  was  ? 

A.  I  think  it  was  at  Budd's  Ferry,  down  on  the  Potomac,  — 
somewhere  there.     I  think  his  camp  was  at  Budd's  Ferry. 

Marcellus  Gardiner, 

a  witness  called  for  the  accused,   Samuel  A.  Mudd,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Ewing  : 

Q.    State  whether  you  know  the  prisoner,  Samuel  A.  Mudd. 
A.   Yes,  sir  ;  I  do. 

Q.  State  whether  or  not  he  has  ever  said  any  thing  to  you,  and 
if  so,  when,  about  offering  his  laud  for  sale. 


454  THE     TRIAL. 

A.  I  have  heard  him  on  several  occasions  within  the  last  two 
years  state  that  he  wanted  to  sell  out. 

Q.    Were  you  at  church  on  the  Sunday  after  the  assassination  ? 

A.   Yes,  sir. 

Q.    What  church? 

A.   The  church  in  the  neighborhood  called  Rives's  Church. 

Q.    How  far  from  Bryantown  ? 

A.    Five  or  six  miles,  I  think. 

Q,    That  was  on  Easter  Sunday? 

A.    Yes,  sir ;  the  Sunday  after  the  assassination. 

Q.  Will  you  state  whether  the  fact  of  the  assassination  of  the 
President  was  then  known  ? 

A.   Yes,  sir  :  I  think  it  was  generally  known. 

Q.    And  talked  of  after  church  ? 

A.   Yes,  sir. 

Q.  Will  you  state  whether  or  not  the  name  of  the  assassin  was 
generally  understood  ? 

A.   No,  sir  ;  I  think  not.     My  impression  is  that  it  was  not. 

Q.    Will  you  state  whether  you  saw  Dr.  Mudd  there  ? 

A.   Yes,  sir ;  I  did. 

Q.  State  whether  you  heard  Dr.  Mudd  say  any  thing  as  to  how 
he  reojarded  the  act  of  assassination. 

Assistant  Judge  Advocate  Bingham.  That  I  object  to.  That 
is  the  old  question  over  again,  of  introducing  Dr.  Mudd's  declara- 
tions. 

Mr.  Ewing.  I  have  brought  that  before  the  Court  again  for  the 
purpose  of  doing  what  I  failed  to  do  yesterday,  —  calling  the  atten- 
tion of  the  Court  specially  to  the  character  of  the  declarations  that 
I  expect  to  prove. 

Assistant  Judge  Advocate  Burnett.  I  believe  it  is  the  rule 
of  all  military  courts,  when  stating  what  you  expect  to  prove,  that 
the  witness  himself  should  withdraw,  so  that  he  may  not  be  instruct- 
ed by  those  remarks. 

The  witness  retired  from  the  stand  and  the  court-room. 

Mr.  Ewing.  I  expect  simply  to  prove  that  Dr.  Mudd  spoke  of 
the  assassination  as  an  atrocious  and  revolting  crime,  and  a  terrible 
calamity  to  the  country ;  that  he  spoke  of  it  generally  among  his 


THE     TRIAL.  455 

neighbors  at  the  church  in  that  way.  I  again  call  the  attention  of 
the  Court  to  the  principle  upon  which  I  claim  that  it  is  applica- 
ble ;  and  that  is,  that  Dr.  Mudd  is  charged  with  concealment  of 
the  fact  of  those  men  having  been  there, — a  concealment  extend- 
ing through  Sunday,  — -  and  that  his  declarations  showing  his  feeling 
with  reference  to  the  crime  during  the  time  that  they  allege  him  to 
have  been  acting  as  accessory  to  it  are  admissible. 

The  Commission  sustained  the  objection  of  the  Judge  Advocate. 


Joshua  S.  Naylor, 

a  witness  called  for  the  accused,   Samuel  A.  Mudd,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Stone  : 

Q.    Where  do  you  reside  ? 

A.  I  reside  in  the  Eighth  Election  District,  Prince  George's 
County,  Md. 

Q.    Will  you  state  whether  you  knew  Daniel  J.  Thomas? 

A.   I  knew  him  very  well. 

Q.  Will  you  state  to  the  Court  whether  you  knew  Daniel  J. 
Thomas's  general  reputation  for  truth  and  veracity  in  his  neighbor- 
hood, and  what  that  reputation  is,  if  you  know  it  ? 

A.  I  knew  his  general  character  pretty  well  from  report,  and 
also  from  observation. 

Q.    What  is  his  general  character  ? 

A.    His  general  character  is  bad. 

Q.  From  his  general  character  for  truth  and  veracity,  — we  are 
only  speaking  of  his  general  character  for  truth  and  veracity,  — 
would  you  believe  him  on  his  oath  ? 

A.   From  my  own  knowledge  of  the  man,  I  could  not. 

Q.    How  long  have  you  known  Thomas  ? 

A.   All  the  time  since  he  was  a  small  boy. 

Q.  State  whether  you  did  or  did  not  know  his  character  for  truth 
and  veracity  before  this  war. 

A.  I  have  known  him  all  the  time,  and  never  heard  him  spoken 
very  well  of  any  of  the  time. 


456  TUE     TRIAL. 

Q.  Will  you  state  to  the  Court  what  is  his  reputation  in  his 
neighborhood  for  truth  and  veracity  ? 

A.  His  reputation  is  that  he  never  tells  the  truth  if  a  lie  will 
answer  his  purpose  better. 

Q.  From  that  general  reputation,  would  you  or  would  you  not 
believe  him  on  his  oath  ? 

A.   It  is  a  hard  thing  to  say  of  a  man,  but  I  could  not. 

Cross-examined  by  the  Judge  Advocate  : 

Q.  Did  you  ever  know  of  Mr.  Thomas  speaking  falsely  under 
oath? 

A.    Not  under  oath  :  I  never  heard  him  sworn. 

Q.  Did  you  ever  hear  it  charged  upon  him  that  he  had  ever 
sworn  falsely  ? 

A.    I  do  not  know  that  I  ever  did. 

Q.  The  reputation  of  which  you  speak  is,  that  he  talks  idly  and 
extravagantly  and  fooUshly  and  unreliably,  but  that  reputation  does 
not  extend  to  any  statements  which  he  would  make  under  oath. 
Am  I  right  in  that  ? 

A.   I  never  heard  that  he  was  charged  with  swearing  falsely. 

Q.  Is  he  not  reputed  to  be  an  honest  man  in  his  neighborhood, 
and  a  loyal  one  ? 

A.  He  is  sometimes  one  thing  and  sometimes  the  other,  just  as 
the  prospects  of  the  different  parties  seem  to  be  going. 

Q.    Have  you  been  loyal  yourself  throughout  the  Ptebellion  ? 

A.   I  think  I  can  prove  that  without  any  difficulty. 

Q.    I  do  not  ask  you  for  the  proof;  I  ask  you  for  the  fact.    - 

A.   Yes,  sir ;  I  have. 

Q.  You  have  constantly  desired  that  the  Grovernment  should 
succeed  in  suppressing  the  Rebellion  ? 

A.   Always. 

Q.  Has  not  Mr.  Thomas,  within  your  knowledge,  been  an  open, 
out-spoken  advocate  of  the  Government  throughout  the  Rebellion  ? 

A.  During  the  latter  part  of  the  Rebellion,  he  has  been  pre- 
tending to  be  a  pretty  warm  supporter  of  the  Grovernment,  and 
perhaps  he  might  have  been  sincere. 

Q.    What  grounds  have  you  for  suspecting  his  sincerity  ? 


THE     TRIAL.  457 

A.   Mr.  Adams,  a  neighbor  of  mine,  told  me  — 

Q.  Never  mind  what  Mr.  Adams  told  you.  Have  you  any 
grounds  within  your  own  knowledge  for  suspecting  the  sinceiity  of 
his  loyalty  ? 

A.  Only  from  what  I  have  heard  that  he  had  told  other  persons 
in  the  early  part  of  the  RebelUon.  I  do  not  know  that  I  had  any 
conversation  with  him  about  the  matter  in  the  early  part  of  the  war. 

Q.    Are  you  entirely  friendly  with  Mr.  Thomas? 
'^   A.   Perfectly  so. 

By  Mr.  Ewing  : 

Q.  Have  you  ever  known  of  Mr.  Thomas  being  sworn  in  any 
case  ? 

A.   I  have  never  heard  an  oath  administered  to  him. 

Q.  You  have  never  known  of  his  giving  testimony  in  any  case 
in  the  courts  ? 

A.  I  have  never  been  in  court  when  he  was  testifying  in  any 
case. 

Q.  Therefore  you  cannot  say  as  to  what  his  reputation  for  ve- 
racity when  he  is  under  oath  is  ? 

A.  I  cannot :  I  have  no  means  of  judging  whether  he  told  the 
truth  or  not :  I  never  heard  him  examined. 

Q.  Have  you  been  an  active  supporter  of  the  Government  of 
the  United  States? 

A.   Yes,  sir ;  I  have. 

Q.    And  supported  the  Administration? 

A.  Yes,  sir. 

Q.    At  all  times  ? 

A.   Yes,  sir. 

Q.    And  under  all  cu'cumstances  ? 

A.   At  all  times  and  under  all  circumstances. 

Q.  Do  you  know  the  reputation  in  the  community  in  which  he 
lives  for  loyalty  of  Dr.  George  Mudd  ? 

A.  I  have  heard  Dr.  George  Mudd  spoken  of  as  a  good  Union 
man.     I  have  no  personal  knowledge  of  his  Union  proclivities. 

Q.    Are  you  personally  acquainted  with  Dr.  George  Mudd  ? 

A.   Not  particularly  so.     I  have  seen  Dr.  Mudd  in  Bryantown 
VOL,  II.  39 


458  THE     TRIAL. 

on  a  few  occasions,  but  not  since  1862  or  1863,  or  probably  1859 
or  1860. 

Q.    How  far  do  you  live  from  Bryantown  ? 

A.   Seven  or  eight  miles. 

Q.  You  say  that  Dr.  Greorge  Mudd  is  reported  to  be  a  loyal 
man  ? 

A.   He  is,  sir  :  I  have  never  heard  it  doubted. 

Q.  And  a  supporter  of  the  Grovernment  in  the  war  against  the 
Eebellion  ? 

A.  Yes,  sir ;  I  think  he  is.  He  has  always  spoken  against  the 
Kebellion ;  that  is,  I  understand  so  from  report.  I  have  never 
heard  him  speak  about  it. 

Q.  He  has  been  a  supporter  of  the  Government  in  its  efforts  to 
suppress  the  E,ebellion  ? 

A.  Yes,  sir  :  I  have  always  understood  that  he  was  in  favor  of 
supporting  the  Grovernment. 

By  the  Couht  : 

Q.    How  far  do  you  live  from  Mr.  Thomas? 

A.  When  he  resided  at  his  mother's,  I  suppose  he  lived  about 
two  miles  from  me ;  and  sometimes  he  lives  on  a  farm  nearer,  within 
a  mile  and  a  half. 

Q.    Have  you  ever  had  any  private  difference  with  him? 

A.  Never  in  my  life ;  only  I  would  get  tired  of  his  talks  some- 
times, and  would  tell  hun  to  stop  talking ;  I  did  not  care  to  hear 
so  much. 

Q.  Have  you  ever  had  any  differences  of  a  political  character 
when  he  was  a  candidate  for  the  House  of  Delegates  of  Maryland  ? 

A.  I  believe  he  was  runnino-  as  a  Union  candidate  in  Charles 
County ;  but  I  had  nothing  to  do  with  him.  I  live  in  Prince 
Greorge's  County. 

Q.  There  were  no  differences  between  you  and  him  growing  out 
of  that? 

A.   No,  sir. 

William  A.  Mudd, 

a  witness  called  for  the  accused,  Samuel  A.  Mudd,  being  duly 
sworn,  testified  as  follows  :  — 


THE     TRIAL.  459 

By  Mr.  Stone  : 

Q,    Do  you  know  Dr.  Samuel  A.  Mudd  ? 
A.    I  do. 

Q.    How  far  do  you  live  from  liim  ? 

A.  I  judge  it  is  about  a  mile  and  a  quarter,  or  between  that  and 
a  mile  and  a  half. 

Q.  Will  you  state  to  the  Court  whether,  at  any  time  last  year, 
you  saw  a  Captain  White,  of  Tennessee,  or  a  Captain  Perry,  or  a 
Lieutenant  Perry,  at  or  about  Dr.  Samuel  A.  Mudd's  house  or 
premises  ? 

A.    I  never  did. 

Q.  Did  you  see  Andrew  Gwynn,  or  Ben.  Gwynn,  or  George 
Gwynn,  about  his  house,  or  about  his  premises,  at  any  time  last 
year  ? 

A.  No,  sir :  I  have  not  seen  Andrew  Gywnn  since  he  left  for 
the  South.  Mr.  George  Gwynn  I  have  seen  about  church  several 
times  since  his  return. 

Q.  Did  you  ever  see  any  person  staying  out  in  the  woods  at  Dr. 
Samuel  Mudd's  at  any  time  last  year  ? 

A.  I  never  did,  I  never  saw  a  man  there  that  I  knew  or  heard 
had  been  South  except  one,  and  he  I  only  heard  went  there.  I  do 
not  know  whether  he  did  or  not. 

Q.  You  need  not  state  what  you  heard :  I  only  ask  you  as  to 
what  you  saw. 

A.  I  saw  Mr.  Bennett  Gwynn  sitting  there  on  his  horse,  as  I  was 
passing  one  day,  talking  with  the  doctor.  I  rode  up  in  front  of  the 
house.  I  do  not  recollect  what  the  conversation  was;  but  they 
were  talking,  and  talking  loud.  I  understood  from  him,  I  think,  or 
some  one,  that  he  was  scouting.  That  has  been,  I  think,  some- 
thing near  three  years  ago. 

Q.  Was  it  quite  three  years  ago  ?  Do  you  remember  whether  it 
was  the  first  year  of  the  war  ? 

A.  I  think  it  was  somewhere  in  the  fall  of  the  first  year  of  the 
war.  I  do  not  know,  though.  I  do  not  recollect  well  the  time. 
It  was  the  time  I  understood  they  were  after  him  to  catch  him. 

The  Judge  Advocate  stated  that,  since  the  examination  of  Jacob 


460  THE     TRIAL. 

Ritterspaugli  for  the  prosecution,  facts  had  come  to  the  knowledge 
of  the  Government  not  known  at  the  time  that  witness  was  exam- 
ined, and  he  proposed  now  to  recall  that  witness  for  the  purpose  of 
examining  him  in  relation  to  the  accused,  Edward  Spangler ;  and 
he  applied  to  the  Commission  for  permission  to  re-examine  that  wit- 
ness. 

Mr.  Ewing.    As  counsel  for  Spangler,  I  have  no  objection. 

Jacob  Ritterspaugh 
recalled  for  the  prosecution. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.  State  to  the  Court  whether  you  were  a  carpenter  in  Ford's 
Theatre  down  to  the  14th  of  April  last. 

A.   Yes,  sir ;  I  was. 

Q.  Were  you  there  on  the  night  of  the  14th  of  April,  when  the 
President  was  shot? 

A.   I  was. 

Q.  State  which  box  in  the  theatre  the  President  occupied  that 
night. 

A.  It  was  on  the  left-hand  side  of  the  stage  :  on  the  right  as  you 
come  in  from  the  front. 

Q.    Did  the  President  sit  in  the  upper,  or  lower  box  ? 

A.   The  upper. 

Q.  When  the  shot  was  fired,  did  you  hear  anybody  say  any  thing 
about  stopping  a  man  ? 

A.   Yes,  sir. 

Q.    What  was  said  ? 

A.   Somebody  hallooed,  *'  Stop  that  man  !  " 

Q.  State  where  you  were  at  the  time,  and  what  you  did  when  you 
heard  that  cry,  "  Stop  that  man! " 

A.  I  was  standing  on  the  stage  behind  the  scenes.  Some  one 
cried  that  the  President  was  shot.  Then  I  saw  a  man  running  that 
had  no  hat  on. 

Q.    'Which  way  was  he  running  ? 

A.  Towards  the  back  door.  He  had  a  knife  in  his  hand,  and  I 
ran  to  stop  him,  and  ran  through  the  last  entrance ;  and  as  I  came 


THE     TRIAL.  461 

up  to  him  he  tore  the  door  open.  I  made  for  him,  and  he  struck 
at  me  with  the  knife ;  and  I  jumped  back  then.  He  then  ran  out, 
and  slammed  the  door  shut.  I  then  went  to  get  the  door  open 
quick,  and  I  thought  it  was  a  kind  of  fast :  I  could  not  get  it  open. 
In  a  moment  afterwards,  I  opened  the  door,  and  the  man  had  just 
got  on  his  horse,  and  was  running  down  the  alley ;  and  then  I  came 
in.  I  came  back  on  the  stage  where  I  had  left  Edward  Spangler, 
and  he  hit  me  on  the  face  with  the  back  of  his  hand,  and  he  said, 
"  Don't  say  which  way  he  went."  I  asked  him  what  he  meant  by 
slapping  me  in  the  mouth ;  and  he  said,  "  For  God's  sake,  shut 
up  !  "  and  that  was  the  last  he  said. 

Q.  Is  the  Edward  Spangler  to  whom  you  refer  the  prisoner  at 
the  bar  ? 

A.  Yes,  sir.  i 

Q.  When  you  went  out  of  that  door,  had  anybody  else  except 
the  man  that  ran  with  the  knife  gone  out  before  you  ? 

A.   I  did  not  see  any  one  else. 

Q.    Did  any  go  out  after  you  ? 

A.   Some  one  came  out,  but  I  do  not  know  who  it  was. 

Q.    Did  you  leave  the  door  open  when  you  went  out? 

A.   Yes,  sir  :  I  left  it  open. 

Q.  What  do  you  do  during  the  time  the  play  is  going  on  in  the 
theatre,  if  any  thing  ? 

A.  My  business  is  to  shift  wings  on  the  stage,  and  pull  them  off, 
and  fetch  things  out  of  the  cellar  if  they  need  any  thing. 

Q.  State  what  sort  of  a  man,  if  any,  came  out  after  you  had 
gone  out  of  the  door. 

A.   I  thought  it  was  a  tall  man,  and  a  pretty  stout  man. 

Q.    Do  you  know  him  ? 

A.   No  :  I  did  not  take  notice  who  it  was. 

Q.  When  you  came  back  into  the  theatre  was  the  door  open,  or 
shut  ? 

A.   It  was  open. 

By  Mr.  Ewing  : 

Q.    Where  were  you  standing  when  you  heard  the  pistol  fired  ? 
A.   In  the  centre  of  the  stage. 

39* 


462  THE     TRIAL. 

Q.    Where  was  Spangler  then  ? 

A.  He  was  at  the  same  place,  just  about  ready  to  shove  off  the 
scenes ;  and  I  was  standing  there,  and  listening  to  the  play. 

Q.    Which  was  nearest  the  door,  you  or  Spangler  ? 

A.   I  was. 

Q.  You  are  certain  you  both  stood  there  together  when  the  pistol 
was  fired  ? 

A.   Yes,  sir. 

Q.  When  the  pistol  was  fired,  did  you  know  what  had  hap- 
pened ? 

A.  Not  right  away.  First  some  one  hallooed,  "  Stop  that  man  !  " 
and  then  after  that  some  one  said  the  President  was  shot ;  and  it 
was  only  then  that  I  knew  what  had  happened. 

Q.  You  did  not  know  what  had  happened  until  the  President 
was  shot? 

A.   No,  sir. 

Q.    When  you  came  back,  whereabout  was  Spangler? 

A.   At  the  place  where  I  left  him  ;  the  same  place. 

Q.    Was  there  a  crowd  in  there  then? 

A,   The  actors  were  there,  and  some  strangers. 

Q.    Who  were  there  right  by  you  ? 

A.  There  were  some  women  standing  there ;  I  do  not  know  who 
they  were,  —  some  that  belonged  to  the  theatre  ;  but  I  do  not  know 
their  names. 

Q.    Do  you  not  know  one  of  them  ? 

A.  I  do  not  know  any  of  their  names.  I  am  not  acquainted 
with  them.     I  had  been  there  only  about  four  weeks. 

Q.    Did  any  one  of  them  take  part  in  the  play  that  night  ? 

A.   Yes,  sir  :  I  think  some  did. 

Q.  WTiat  parts  did  those  take  who  were  standing  there  when 
Spangler  slapped  you  ? 

A.  The  one  they  used  to  call  Jenny  was  standing  there  then.  I 
do  not  know  what  part  she  took. 

Q.  How  close  was  she  standing  to  you  and  Spangler  when  he 
struck  you? 

A.    She  might  have  been  three  or  four  feet  from  me. 

Q.    She  probably  heard  him  say  that  ? 


THE     TRIAL,  463 

A.  I  do  not  know. 

Q.  He  said  it  loud  enough  for  her  to  hear  ? 

A.  He  did  not  say  it  so  very  loud. 

Q.  He  said  it  in  the  usual  tone  ? 

A.  Yes ;  but  he  looked  as  if  he  was  scared,  and  a  kind  of  cry- 


ing. 


Q.  Did  you  not  hear  the  people  then  hallooing  '*  Burn  the 
theatre"? 

A.  No,  sir.  I  just  heard  them  hallo  "  Hang  him,"  and  *'  Shoot 
him,"     That  was  all  I  heard. 

Q.  Did  you  afterwards  tell  to  a  number  of  persons  what  Spangler 
said  to  you  when  he  slapped  you  ? 

A.  Not  that  I  know  of.  I  think  some  detective  came  and  asked 
something  about  the  theatre,  and  I  told  him  about  Spangler  hitting 
me  in  the  mouth  with  his  open  hand. 

Q.    Did  you  not  tell  Mr.  John  T.  Ford  ? 

A.   No,  sir. 

Q.    Did  you  tell  either  of  the  Messrs.  Ford? 

A.  No,  sir.  I  never  knew  John  T.  Ford  until  I  saw  him  after 
the  thing  happened. 

Q.  Did  you  say  nothing  to  any  of  the  Fords  about  what  Spangler 
had  said  to  you  when  he  slapped  you  ? 

A.   I  told  it  to  nobody  but  Gifford,  the  boss. 

Q.    You  told  Gifford  ? 

A.   Yes. 

Q.    Where  did  you  tell  Gifford  ? 

A.   At  the  prison. 

Q.    What  did  you  tell  Gifford  that  Spangler  had  said  ? 

A.  I  told  him  that  Spangler  said  I  should  not  say  which  way  the 
man  went. 

Q.    When  was  it  that  you  told  Gifford? 

A.    It  was  the  same  week  I  was  released,  I  think. 

Q.    At  Carroll  Prison? 

A.   Yes,  sir. 

Q.    How  many  weeks  ago  ? 

A.   I  think  it  was  the  week  before  last,  if  I  am  not  mistaken. 

Q.    Did  you  tell  anybody  else  that  ? 


464  '  THE     TRIAL. 

A.  Not  that  I  know  of. 

Q.  To  what  detective  did  you  tell  it  ? 

A.  I  do  not  know  his  name.    It  is  the  man  that  had  me  arrested. 

Q.  When  did  you  tell  it  to  him  ? 

A.  After  I  was  released  from  the  prison. 

Q.  Where  did  you  tell  him  ? 

A.  At  the  house  where  I  board.  He  came  up  there  the  same 
day,  I  think ;  it  was  on  Friday,  I  believe. 

Q.  How  long  was  it  after  you  were  released  ? 

A.  In  the  afternoon :  I  was  released  at  eleven  o'clock ;  and 
in  the  afternoon  he  came  there,  about  three  or  four  o'clock. 

Q.  What  kind  of  looking  man  was  the  detective? 

A.  He  has  black  whiskers  and  mustache. 

Q.  How  heavy  a  man  ? 

A.  About  one  hundred  and  forty  pounds,  I  should  think. 

Q.  How  was  he  dressed  ? 

A.  In  black.     He  is  one  of  Colonel  Baker's  men. 

Q.  Do  you  know  what  they  call  that  detective  ? 

A.  No  :  I  do  not  know  his  name. 

Q.  You  told  it  to  nobody  else,  then,  but  to  Gifford  and  that 
detective  ? 

A.  That  is  all,  as  far  as  I  can  remember. 

Q.  See  if  you  cannot  recollect  somebody  else  to  whom  you  told 
it. 

A.  I  may  have  said  something  in  the  house  at  the  table  when  I 

came  in  there.     I  think  the  rest  of  them  heard  it. 

Q.  Where  were  you  ? 

A.  At  the  boarding-house  where  I  generally  board. 

Q.  Were  you  at  a  meal  when  he  came  in  ? 

A.  No :  I  think  I  was  sitting  in  ft'ont  of  the  house  when  he 
came. 

Q.  Did  you  see  Booth  open  the  back  door  of  the  theatre  ? 

A.  Yes,  sir. 

Q.  Did  you  see  him  shut  it? 

A.  Yes,  sir ;  but  I  did  not  know  who  he  was  then :  I  did  not 
Bee  his  face  right. 

Q.  You  wore  the  next  person  who  got  to  the  door  after  he  left  ? 


THE     TRIAL.  465 

A.   Yes,  sir. 

Q.    Then  who  opened  it? 

A.   I  opened  it. 

Q.    Did  you  shut  it  ? 

A.    No,  sir. 

Q.    How  close  to  you  was  the  big  man  who  ran  out  after  you? 

A,  He  might  have  been  perhaps  five  or  six  yards  from  me  when 
I  heard  him  holla,  "  Which  way?  "  I  do  not  know,  I  cannot- say 
for  certain,  whether  it  was  he  or  some  one  else  who  hollaed  "  Which 
way?  "  I  cried  out,  "  This  way ;  "  and  then  ran  out,  and  left  the 
door  open.  By  that  time,  the  man  had  got  on  the  horse,  and  gone 
off  down  the  alley. 

Q.    Where  did  you  see  the  big  man  again  ? 

A.    Outside. 

Q.    Have  you  seen  that  big  man  since  ? 

A.   No,  sir  :  I  did  not  take  notice  what  kind  of  a  lookins:  man  he 
was. 

Q.    He  is  a  good  deal  taller  man  than  you  are  ? 

A.   Yes,  sir. 

Q.    Is  he  not  considerably  over  six  feet  high? 

A.  I  cannot  say  whether  he  was  over  six  feet ;  but  he  was  a  tol- 
erably tall  man. 

Q.  How  long  was  it  after  you  went  out  before  you  came  back  to 
where  Spangler  was  standing  ? 

A.   It  might  have  been  two  or  three  minutes. 

Q.    And  he  was  crying,  you  say  ? 

A.  He  looked  the  same  as  if  he  was  crying,  and  a  kind  of 
scared, 

Q.    What  did  you  say  to  him  first,  before  he  said  that  to  you? 

A.   I  did  not  say  any  thing  to  him. 

Q.    What  else  did  you  hear  the  people  holla? 

A.  "  Hang  him  !  "  "  Shoot  him  !  "  was  all  I  heard  them  holla. 
That  was  the  last. 

Q.    Did  you  hear  them  call  any  names  ? 

A.   No,  sir. 

Q.    Did  any  call  Booth's  name  ? 

A.  Not  that  I  know  of. 


466  THE     TRIAL. 

Q.  Wlien  did  you  find  tliat  it  was  Booth  who  had  shot  the 
pistol ? 

A.  After  the  people  were  all  out  and  I  came  outside.  Some 
said  it  was  Booth,  and  some  said  it  was  not. 

Q.    It  was  after  Spangler  had  slapped  you  ? 

A.   Yes,  sir. 

Q.    Did  you  hear  them  talk  about  burning  the  theatre  ? 

A.   No,  sir. 

Q.  You  and  Spangler  were  standing  where  you  were  for  the 
purpose  of  shifting  the  scenes  ? 

A.  It  was  not  my  place  to  shove  them  :  my  work  is  generally 
to  pull  off  the  things,  and  shove  them  on. 

Q.    But  that  was  Spangler's  place  ? 

A.   Yes,   sirj   and  some  other  man's,   whose  name  I  do  not 

know. 

Q.  Spangler  was  there,  then,  where  he  ought  to  be  to  do  the 
work  that  he  had  to  do  ? 

A.   Yes,  sir. 

Q.  How  many  persons  were  inside  the  theatre  about  the  door 
when  you  came  back  ? 

A.  I  cannot  tell  how  many ;  there  were  a  good  many.  They 
were  still  running  down  from  up  stairs  asking  which  way  the  man 
went ;  and  I  told  them  he  had  gone  out  the  back  way. 

Q.    That  was  after  you  saw  Spangler  the  second  time  ? 

A.   Yes,  sir ;  that  was  afterwards. 

Q.  You  are  certain  Booth  opened  the  door  himself  and  shut  it, 
and  that  then  you  were  the  next  person  who  opened  it  ? 

A.   Yes,  sir. 

Q.    And  you  left  the  door  open  ? 

A.   Yes,  sir. 

Q.    And  that  big  man  was  the  next  one  who  followed  you  ? 

A.   Yes,  sir. 

Q.    Were  you  at  supper  with  Spangler  that  night? 

A.    Yes,  sir. 

Q.   Before  the  assassination  ? 

A.  Yes,  sir :  we  went  home  together  at  six  o'clock,  and  came 
back  at  seven. 


THE     TRIAL.  467 

Q.    You  boarded  together  ? 
A.   Yes,  sir. 

Francis  S.  Walsh, 
a  witness  for  the  accused,  David  E.  Herold,  being  duly  sworn,  tes« 
tified  as  follows  :  — 

By  Mr.  Stone  : 

Q.    Where  do  you  reside  ? 

A.   In  the  city  of  Washington,  on  Eighth  Street,  east. 

Q.    How  long  have  you  resided  there  ? 

A.   Since  1837. 

Q.    Do  you  know  the  prisoner,  David  E.  Herold  ? 

A.   Yes,  sir. 

Q.    How  long  have  you  known  him  ? 

A.  I  cannot  tell  how  long  I  have  known  him,  but  since  he  was 
a  boy.  I  have  known  him  for  a  great  many  years.  I  have  known 
him  intimately  since  October,  1863. 

Q.  State  to  the  Court  whether  or  not  he  has  been  in  your  em- 
ploy. 

A.    Yes,  sir  :  he  has  been  in  my  employ  eleven  months  as  a  clerk. 

Q.    What  is  your  business  ? 

A.    Druggist. 

Q.    State  to  the  Court,  as  near  as  you  can,  his  character. 

A.  While  he  was  in  my  employ,  he  lived  in  my  house,  and  I 
knew  of  nothing  objectionable  in  his  character.  He  was  like  most 
youngsters,  light,  trifling  in  a  great  many  things ;  but,  as  to  his 
moral  character,  I  never  saw  any  thing  to  find  fault  with.  He  was 
temperate  in  his  habits,  and  regular  in  his  hours. 

Q.    Was  he  or  not,  in  his  general  character,  more  of  a  boy  than 
a  man  ? 
*~    A.   I  think  he  was. 

Q.  Was  he  or  not  easily  persuaded  or  influenced  by  any  one 
around  him  ? 

A.  I  should  think  he  was. 

Q.  State  to  the  Court  whether  you  did  or  did  not  consider  him 
rather  remarkable  for  his  trivial  character,  easily  to  be  influenced 
and  led  away. 


468  THE     TRIAL. 

A.  Yes  :  I  think  he  was  more  than  usually  so  for  young  men  of 
his  years. 

Q.    He  was  boyish  in  every  respect? 
A.    Yes,  sir. 

By  the  Judge  Advocate  : 

Q.    What  do  you  suppose  to  be  Herold's  age  ? 

A.  I  should  suppose  him  to  be  about  twenty-two  years  old. 

James  Nokes, 

a  witness  called  for  the   accused,  David  E.  Herold,    being   duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Stone  : 

Q.    Where  do  you  reside  ? 

A.  In  that  part  of  Washington  called  the  Navy  Yard,  —  the 
Sixth  Ward. 

Q.    How  long  have  you  resided  there  ? 

A.    Since  1827. 

Q.    Do  you  know  the  prisoner,  David  E.  Herold  ? 

A.   I  do. 

Q,    How  long  have  you  known  him? 

A.  I  have  known  him  from  his  bii'th,  —  about  twenty-tkree 
years,  I  believe. 

Q.    Have  you  seen  a  good  deal  of  him  ? 

A.  Yes,  sir,  I  have.  I  have  been  intimate  with  his  family  for 
eighteen  or  nineteen  years. 

Q.    How  large  is  the  family? 

A.  I  think  there  are  seven  or  eight  children,  —  seven,  I  believe, 
living.     He  is  the  only  boy. 

Q.  State  to  the  Court  what  is  his  general  character  for  boyish- 
ness. Is  he  easily  persuaded  or  led  away  ?  Is  he  trivial  ?  Is  he 
more  of  the  boy  now  than  the  man  ? 

A.  I  have  always  looked  upon  him  as  a  light  and  trifling  boy,  — 
very  little  reliability  to  be  placed  in  him. 

Q.    Is  he  or  is  he  not  easily  influenced  by  any  one  around  him? 

A.   I  should  think  he  was. 


THE     TRIAL.  469 

Q.  Is  he  not  more  easily  influenced  in  that  way  than  the  gener- 
ality of  young  men  of  his  age  ? 

A.    Yes,  sir ;  I  am  certain  he  is. 

Q.  Easily  impressed  by  any  one  with  whom  he  associated  and 
who  had  fascinating  qualities  ? 

A.  I  have  never  heard  him  enter  into  any  argument,  like  other 
young  men,  on  any  subject  in  the  world.  All  the  conversation  I 
ever  heard  him  make  use  of  was  light  and  trifling. 

William  H.  Keilotz, 

a  witness  called  for   the  accused,  David  E.  Herold,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Stoxe  : 

Q.    Where  do  you  reside  ? 

A.   I  live  next  door  to  Mr.  Herold, 

Q.    How  long  have  you  resided  there  ? 

A.    Going  on  thirteen  years. 

Q.    Do  you  know  the  prisoner,  David  E.  Herold,  well  ? 

A.   Yes,  sir ;  I  know  him  well. 

Q.    Have  you  known  him  all  that  time  ? 

A.  Perhaps  the  first  few  months  I  lived  there  I  was  not  ac- 
quainted with  him,  but  have  been  for  I  suppose  nearly  thirteen 
years  this  fall. 

Q.  Did  you  see  him  pretty  generally  during  the  month  of  Feb- 
ruary last  ? 

A.   I  think  I  did. 

Q.    State  how  often  you  saw  him. 

A.  I  cannot  positively  say  how  often.  I  was  home,  my  wife 
beino;  sick.  I  came  out  sometimes  in  the  mornino;  and  afternoon. 
The  yards  are  low,  and  from  our  windows  we  can  see  over  into 
each  other's  yards.  I  saw  him  once  in  a  while  :  I  cannot  tell  the 
particular  times,  only  it  was  pretty  often. 

Q.  State,  as  near  as  you  can,  how  long  you  were  without  seeing 
him  during  the  month  of  February  last. 

A.  I  cannot  say  positively, — one,  two,  three,  or  four  or  five 
days  :  I  cannot  state  positively. 

VOL.  u.  40 


470  THE     TRIAL. 

Q.  State  to  the  Court  whether  he  is  or  is  not  a  boyish  character, 
easily  persuaded. 

A.  I  think  he  is.  He  is  very  fond  of  boys'  company.  I  see 
him  very  often  with  boys. 

Q.  Is  not  his  character  light  and  trivial?  Is  he  not  easily  per- 
suaded and  influenced? 

A.  With  boys  in  that  way  he  is  led  off.  He  is  very  fond  of 
sport,  gunning,  dogs,  &c. 

Q.    More  of  the  boy  than  the  man  about  him  ? 

A.  Yes,  sir.  He  never  associates  with  men,  but  with  boys  of 
eighteen  or  twenty  or  twenty-two,  generally  speaking. 

Emma  Herold, 

a  witness  called  for  the  accused,  David  E.   Herold,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Stone  : 

Q.    Are  you  a  sister  of  David  E.  Herold  ? 

A.   Yes,  sir. 

Q.  State  to  the  Court  whether  or  not  he  was  at  home  on  the  15th 
of  last  February. 

A.   Yes,  sir ;  he  was. 

Q.    State  to  the  Court  how  you  know  or  remember  it. 

A.   I  sent  him  a  valentine,  which  he  received  on  the  15th. 

Q.  Had  you  any  talk  with  him,  in  relation  to  that  valentine,  on 
the  15th? 

A.   No,  sir ;  but  my  sisters  had. 

Q.  But  you  sent  him  a  valentine,  which  he  received  on  the 
15th? 

A.   Yes,  sir. 

Q.    What  is  the  next  day  you  can  fix  when  he  was  at  home  ? 

A.   The  19th  of  February. 

Q.    How  do  you  remember  the  19th? 

A.   By  a  pitcher  of  waier. 

Q.    State  how  you  remember  it. 

A.  I  brought  a  pitcher  of  water  up  stairs,  and  he  met  me  in  the 
passage,  and  wanted  it ;  and  I  would  not  give  it  to  him.     He  tried 


THE     TRIAL.  471 

to  take  it  away  from  me,  and  we  "botli  got  wet :  tlie  water  was  spilt 
on  both  of  us. 

Q.    You  remember  tbat  that  was  the  19th  of  February? 

A.  Yes,  sir :  Sunday  morning,  the  Sunday  after  Valentine's 
Day. 

Q.  Do  you  remember  whether  he  was  at  home  between  those 
times  ? 

A.  Yes  :  he  was  at  home  between  those  days. 

Edward  Johnson 

was  called  as  a  witness,  and  ap^Deared  on  the  stand. 

General  Howe.  Mr.  President,  before  this  witness  is  sworn,  I 
wish  to  submit  a  motion  to  the  Court ;  and,  if  the  Court  will  allow 
me,  I  will  state  a  fact  or  two  on  which  I  base  the  motion.  It  is 
well  known  to  me,  and  it  is  to  very  many  of  the  officers  of  the  army, 
that  the  person  who  is  introduced  upon  the  stand  as  a  witness,  Ed" 
ward  Johnson,  was  educated  at  the  National  Military  Academy  at 
the  Government  expense,  and  that,  since  that  time,  for  years,  he  held 
a  commission  in  the  army  of  the  United  States.  It  is  well  known  in 
the  army  that  it  is  a  condition  precedent  to  receiving  a  commission, 
that  the  officer  shall  take  the  oath  of  allegiance  and  fidelity  to  the 
Government.  In  1861  it  became  my  duty  as  an  officer  to  fire  upon 
a  rebel  party,  of  which  this  man  was  a  member,  and  that  party  fired 
upon,  struck  down,  and  killed  loyal  men  that  were  in  the  service  of 
the  Government,  Since  that  time,  it  is  notorious  to  all  the  officers 
of  the  army,  that  the  man  who  is  introduced  here  as  a  witness  has 
openly  borne  arms  against  the  States,  except  when  he  has  been  a 
prisoner  in  the  hands  of  the  Government.  I  understand  that  he  is 
brought  here  now  as  a  witness  to  testify  before  this  Court ;  and  he 
comes  here  as  a  witness  with  his  hands  red  with  the  blood  of  his 
loyal  countrymen,  shed  by  him  or  by  his  assistance,  in  violation  of 
his  solemn  oath  as  a  man  and  his  faith  as  an  officer.  I  submit  to 
this  Court  that  he  stands,  in  the  eye  of  the  law,  as  an  incompetent 
witness,  because  he  is  notoriously  infamous.  To  ofter  as  a  witness  a 
man  who  stands  with  this  character,  who  has  openly  violated  the 
obligation  of  his  oath,  and  his  faith  as  an  officer,  and  to  administer 


472  THE      TRIAL. 

the  oath  to  him  and  present  his  testimony,  is  but  an  insult  to  the 
Court  and  an  outrage  upon  the  administration  of  justice.  I  move 
that  this  man,  Edward  Johnson,  be  ejected  from  the  Court  as  an 
incompetent  witness  on  account  of  his  notorious  infamy  on  the 
grounds  I  have  stated. 

General  Ekin.  I  rise,  sir,  to  second  the  motion,  and  I  am  glad 
that  the  question  is  now  presented  to  the  Court.  I  regard  the  gen- 
tleman as  clearly  incompetent.  Of  all  men  in  this  country,  for 
those  who  have  been  educated  by  the  Government,  who  have  been 
nourished  by  the  Government,  and  protected  by  the  Government,  to 
come  into  a  court  of  justice,  present  themselves  before  a  military 
commission  with  such  a  character  as  we  are  here  required  to  pass 
upon,  I  regard  as  the  height  of  impertinence ;  and  I  trust  that  the 
resolution  which  has  been  presented  will  be  adopted  by  this  Com- 
mission without  a  moment's  hesitation. 

Mr.  Aiken.  Before  the  Commission  decides  upon  the  motion  of 
the  honorable  member  of  the  Court  [General  Howe],  it  may  be 
proper  for  me  to  say  that  I  was  not  aware  that  the  fact  that  a  person's 
having  borne  arms  against  the  United  States  disqualilied  him,  or 
rendered  it  incompetent  for  him,  to  become  a  witness  in  a  court  of 
justice ;  and,  therefore,  it  cannot  be  cliarged  upon  me  that  I  de- 
signed any  insult  to  the  Court  in  introducing  General  Johnson  as  a 
witness  here.  It  will  be  recollected,  however,  that  Mr,  Jett,  who 
has  also  borne  arms  against  the  Government,  was  introduced  here 
as  an  important  witness  by  the  prosecution ;  and  he,  according  to 
his  own  statement,  had  never  taken  the  oath  of  allegiance ;  and  his 
testimony  at  that  time  was  not  objected  to. 

General  Kautz.    This  is  not  a  volunteer  witness,  is  he  ? 

Mr.  Aiken.    No,  sir. 

The  Judge  Advocate.  If  it  please  the  Court,  I  feel  called  upon 
to  state  that  the  rule  of  law  on  this  point  is,  that,  before  a  witness 
can  be  rendered  so  infamous  as  to  become  absolutely  incompetent  tc 
testify,  he  must  have  been  convicted  by  a  judicial  proceeding,  and 
the  record  of  his  conviction  must  be  presented  as  the  basis  of  hi^ 
rejection.  All  evidences  of  his  guilt  that  fall  short  of  that  convi^- 
tion  affect  only  his  credibility.  This  Court  can  discredit  him  jui. 
as  far  as  they  please  upon  that  ground ;  but  I  do  not  think  the  rule 


THE     TRIAL,  473 

of  law,  as  now  understood,  would  authorize  the  Court  to  declare 
him  an  incompetent  witness,  and  incapable  of  testifying,  however 
unworthy  of  credit  he  may  be. 

The  President.  The  gentlemen  of  the  Commission  will  vote  on 
the  question  whether  the  motion  of  General  Howe  shall  be  sus- 
tained. 

General  Wallace,  For  the  sake  of  the  character  of  this  inves- 
tigation, for  the  sake  of  public  justice,  —  not  for  the  sake  of  the 
person  introduced  as  a  witness,  but  for  the  persons  who  are  at  the 
bar  on  trial,  —  I  ask  the  general  who  makes  the  motion  to  withdraw 
it. 

General  Howe.  On  the  statement  of  the  Judge  Advocate 
General  that  this  witness  is  technically  and  legally  a  competent 
witness,  I  withdraw  the  objection. 

The  President.    The  witness  will  now  be  sworn. 

Edward  Johnson, 

a  witness  called  for  the  accused,  Mary  E.  Surratt,  being  duly  sworn, 
testified  as  follows :  — 

By  Mr.  Aiken  : 

Q.    State  to  the  Court  your  full  name. 

A.   Edward  Johnson. 

Q.    Also  state  your  present  status  as  a  prisoner  of  war. 

A.  I  am  a  United-States  prisoner  of  war,  captured  at  Nashville, 
about  the  15th.  of  December  last,  and  now  confined  at  Fort  Warren, 
Boston  Harbor. 

Q.  Were  you,  or  were  you  not,  an  officer  in  the  so-called  Con- 
federate service  ?  and  if  so,  of  what  rank  ? 

A.  I  was  an  officer  of  the  rank  of  major-general  in  the  Confed- 
erate-States army ;  was  so  from  the  year  1863  up  to  the  date  of  my 
capture.     I  think  Februaiy,  1863,  my  commission  bears  date. 

Q.    Did  you  have  a  higher  rank  after  that? 

A.  I  did  not.  I  will  state  that  I  bore  the  rank  of  brigadier- 
general  previously  to  that. 

Q.    Are  you  acquainted  with  Henry  von  Steinacker? 

40* 


474  THE     TRIAL. 

A.  I  am  acquainted  with  a  man  wlio  went  by  that  name,^ 
represented  himself  to  me  as  Henry  von  Steinacker. 

Q.    Was  he  a  member  of  your  staff? 

A.   He  was  not. 

Q.  Did  he  rank  as  an  engineer-officer,  or  receive  the  pay  of 
such? 

A.  He  did  not  rank  as  an  officer.  He  was  a  private  on  engineer 
duty,  but  not  an  officer,  either  of  the  engineers,  of  the  staff,  or  of 
the  line. 

Q.    What  regiment  and  company  did  he  belong  to  ? 

A.  He  belono;ed  to  the  Stonewall  Brio-ade,  Second  Virginia  In- 
fantry,  t  think,  although  I  am  not  positive  on  that  point.  What 
company  I  do  not  remember. 

Q.    Was  the  Second  Virginia  Eegiment  attached  to  your  division  ? 

A.  It  was  in  the  Stonewall  Brigade,  and  that  was  one  of  the 
brigades  of  my  division. 

Q.  Please  state  to  the  Court  how,  when,  and  under  what  cu'cum- 
stances.  Von  Steinacker  presented  himself  to  you. 

A.  In  the  month  of  May,  1863,  a  man  accosted  me  in  Richmond, 
on  the  Capitol  Square,  by  my  name  and  rank,  and  with  the  rank 
that  I  had  borne  in  the  United-States  army,  as  3Iajor  Johnson.  He 
told  me  that  he  had  served  under  me  as  a  private  in  the  permanent 
company. 

Assistant  Judge  Advocate  Bingham.  I  object  to  any  talk 
between  this  witness  and  Von  Steinacker  in  Richmond. 

The  Witness.  This  man  met  me  in  Richmond,  and  applied  to 
me  for  a  position  in  the  engineer  corps,  stating  that  he  had  served 
with  me  previously,  and  that  he  was  a  Prussian  by  birth,  an  engi- 
neer by  education,  and  would  like  to  get  into  the  engineer  corps  of 
our  service.  I  declined  giving  him  a  position.  It  was  not  in  my 
power  to  give  him  a  position,  and  he  left  me  that  evening.  He 
called  again,  made  a  second  application  for  a  position,  which  I  could 
not  give.  I  was  then  ordered  off  to  my  division  at  Fredericksburg ; 
and,  about  a  week  after  I  arrived  there,  this  man  appeared  in  my 
camp  again,  made  personal  apphcation  to  me  for  a  position,  either 
in  the  engineer  corps  or  on  my  staff.     I  told  him  that  I  could  not 


THE     TRIAL.  475 

give  him  a  position  in  either ;  but  that,  if  he  would  enlist  himself 
as  a  private,  from  what  he  had  represented  himself  as  being,  an 
engineer  and  draughtsman,  I  would  put  him  on  duty  as  a  private, 
but  under  an  engineer-officer  of  my  staff.  On  these  conditions  he 
enlisted  as  a  private  in  the  Stonewall  Brigade,  in  the  Second  Regi- 
ment Virginia  Infantry,  I  think,  but  I  am  not  positive  as  to  the 
regiment.  After  he  enlisted,  I  attached  him  to  the  headquarters, 
and  assigned  him  to  special  duty  with  my  engineer-officer.  Captain 
Oscar  Heinrichs  ;  and  he  acted  as  draughtsman  and  assistant  to 
the  engineer-officer  from  that  time  forward  until  he  left,  or  I  was  told 
he  had  left. 

Q.  Was  he  the  subject  of  a  court-niiartial  at  any  time  in  your 
camp  ?  and  if  so,  for  what  ? 

Assistant  Judge  Advocate  Bingham.  I  object  to  that.  In 
the  first  place,  the  record  of  such  a  court-martial,  if  it  were  here, 
would  not  import  any  verity.  If  it  would  amount  to  any  thing,  the 
record  would  be  the  only  competent  evidence  of  the  conviction. 
If  the  gentleman  wants  to  discredit  a  man  for  infamy  by  reason  of 
conviction,  he  must  produce  the  record ;  and  when  the  record  is 
produced,  it  must  be  the  record  of  a  court  that  imports  verity.  I 
do  not  think  there  were  any  courts  in  Virginia  in  those  days  that 
could  try  a  dog. 

Mr.  Aiken.  Under  the  circumstances,  parole  testimony  of  this 
fact  is  the  best  that  can  be  offered ;  and  therefore  I  presume  it 
will  not  be  seriously  objected  to.     I  insist  upon  the  question. 

The  Commission  sustained  the  objection. 

Q.  [By  Mr.  Aiken.]  Whereabouts  in  Virginia  was  your  en- 
campment soon  after  the  battle  of  Gettysburg  ? 

A.   It  was  near  Orange  Court  House,  in  Orange  County,  Va. 

Q.  Do  you  know  or  not  of  a  meeting  of  the  officers  of  the 
Stonewall  Brigade  at  the  camp  of  the  Second  Virginia  Regiment  'i 

A.  I  know  nothing  of  it,  and  never  heard  any  thing  of  the 
kind. 

Q.  Did  you  ever,  or  not,  learn  the  fact  that  a  secret  meeting 
was  held  there  at  that  time  ? 

A.   I  never  heard  of  any  secret  meeting. 


476  '  THE     TRIAL. 

Q.  Did  you  ever,  at  any  meeting  of  the  officers  of  your  divi- 
sion, hear  discussed  plans  for  the  assassination  of  the  President  of 
the  United  States  ? 

A.  I  never  heard  any  such  plans  discussed  in  any  meetings  of 
the  officers,  nor  did  I  ever  hear  the  assassination  of  the  President 
alluded  to  by  any  individual  officer  of  my  division  as  an  object  to 
be  desired. 

Q.    Were  you  acquainted  with  J.  Wilkes  Booth  ? 

A.   I  was  not,  and  never  saw  him. 

Q.  [Submitting  to  the  witness  the  photograph  of  J.  Wilkes 
Booth,  marked  Exhibit  No.  1.]  Look  at  that  picture,  and  say 
whether  you  ever  saw  the  man  it  represents  or  not. 

A.  I  never  saw  him,  to  my  knowledge.  I  have  seen  the  pic- 
ture before,  but  I  never  saw  the  man.  In  fact,  I  did  not  know 
there  was  such  a  man ;  and  I  never  heard  of  him  until  the  assassi- 
nation of  President  Lincoln. 

Q,    Did  you  ever  see  J.  Wilkes  Booth  in  your  camp  ? 

A.  Never.  I  never  saw  a  man  of  that  name,  to  my  recollec- 
tion. 

Q.  Have  you  personal  knowledge  of  Lieutenant  David  Cocker- 
ill  losing  a  horse  ? 

Assistant  Judge  Advocate  Bingham  objected  to  the  question 
as  irrelevant,  and  it  was  waived. 

Q.  [By  Mr.  Aiken.]  Did  you,  while  at  the  South,  ever  learn 
any  thing  of  secret  associations  by  the  name  of  Knights  of  the 
Golden  Circle,  or  Sons  of  Liberty  ? 

A.  I  never  heard  of  them  personally ;  never  heard  of  them  in 
the  South  at  all ;  never  saw  any  member  belonging  to  them,  or 
reputed  to  belong  to  them. 

Q.  While  in  Richmond  did  you  ever  hear  it  freely  spoken  of  in 
the  streets,  among  acquaintances,  that  the  assassination  of  the  Pres- 
ident of  the  United  States  was  a  desirable  result,  and  a  thing  to  be 
accomplished  ? 

A.  I  was  not  in  the  South  at  the  time  he  was  assassinated  :  I 
was  then  a  prisoner  of  war  at  the  North. 

Q.  But  I  mean  previous  to  the  assassination,  while  you  were 
South. 


THE     TRIAL.  477 

A.  No,  sir :  I  never  heard  it  spoken  of  as  a  desirable  object. 
In  fact,  as  I  said  before,  I  never  heard  any  officer  or  any  person 
speak  of  or  allude  to  the  assassination  of  the  President  as  a  desir- 
able object,  to  the  best  of  my  recollection.  In  fact,  I  am  confident 
I  never  heard  any  thing  of  the  kind. 

Q.    Was  Von  Steinacker  a  member  of  General  Blenker's  staff? 

A.   Not  that  I  know  of. 

Q.  Did  he  state  to  you  that  he  was  a  member  of  General  Blenk- 
er's staff? 

A.   He  did. 

Q.    Did  he  state  to  you  that  he  was  a  deserter  from  our  service  ? 

A.  He  did.  He  stated  that  he  had  deserted,  or  attempted  to 
desert,  and  had  been  apprehended. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.    Had  you  been  in  the  service  of  the  United  States? 

A.   I  had  been  previously  to  1861. 

Q.    Were  you  a  graduate  of  the  West-Point  Military  Academy  ? 

A.   Yes,  sir. 

Q.    How  long  had  you  been  in  the  army  of  the  United  States  ? 

A.   I  graduated  in  1838. 

Q.  And  had  been  in  the  army  down  to  the  breaking-out  of  this 
Bebellion  ? 

A.    Yes,  sir. 

Q.    What  was  your  rank  in  the  army  in  1861  ? 

A.  I  was  a  captain  and  brevet-major,  Sixth  Infantry,  United- 
States  army. 

Q.    How  did  you  get  out  of  the  service  of  the  United  States  ? 

A.  I  resigned  my  commission.  I  tendered  my  resignation,  which 
was  accepted. 

Q.    To  whom  did  you  tender  your  resignation  ? 

A.   To  the  adjutant-general. 

Q.    When? 

A.  I  tendered  it  in  May,  I  think.  It  was  not  accepted  for  sev- 
eral weeks,  —  I  think  three  or  four  weeks.  I  received  notice  of 
the  acceptance  of  my  resignation  in  June,  1861.  I  am  not  posi- 
tive as  to  the  exact  dates ;  but  I  think  they  were  about  those  dates. 


478  THE     TRIAL. 

Q.    It  was  in  1861,  anyhow? 

A.   Yes,  sir. 

Q.    Did  you  then  enter  into  the  rebel  service  ? 

A.  I  did  not  immediately  :  I  went  to  my  home  in  Virginia,  and 
in  the  course  of  a  few  weeks  I  entered  the  Confederate-States  ser- 
vice. 

Q.    And  have  been  in  that  service  ever  since  ? 

A.   Yes,  sir. 

Q.    What  did  you  say  your  final  rank  was  in  that  army  ? 

A.   Major-general. 

Q.    Were  you  a  major-general  in  1863? 

A.  I  was  a  part  of  1863  ;  that  is,  my  rank  as  a  major-general 
commenced  in  1863. 

Q.    What  time  in  1863  did  it  commence  ? 

A.   I  think  it  bears  date  in  February,  1863,  as  I  before  stated. 

Mrs.  Mary  Jenkins, 

a  witness  called  for   the  accused,  David  E.  Herold,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Stone  : 

Q.  State  to  the  Court  whether  you  do  or  do  not  know  David  E. 
Herold,  one  of  the  accused. 

A.    I  know  him. 

Q.  State  whether  he  was  or  was  not  in  Washington  on  the  18th 
of  last  February. 

A.  He  was  at  my  house,  and  received  my  rent  on  that  day.  I 
have  the  receipt  to  show  it. 

Q.    You  have  his  receipt  of  that  date  ? 

A.   Yes,  sir. 

Mrs.  Elizabeth  Potts, 

a  witness  called  for  the  accused,  David  E.  Herold,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Stone  : 

Q.  State  to  the  Court  whether  you  know  David  E.  Herold,  one 
of  the  accused. 


THE     TRIAL.  479 

A.  Yes,  sir. 

Q.  State  whether  he  was  in  Washington  on  the  20th  day  of  last 
February. 

A.  I  cannot  say  whether  he  was  or  was  not ;  I  have  a  receipt  to 
that  effect :  he  came  to  my  house  the  day  before,  and  I  told  him  I 
would  send  the  money  to  the  house,  which  I  did.  He  was  here 
the  night  before  the  20th  :  I  did  not  see  him  the  next  day. 

Q.    You  saw  him  on  the  19th,  then  ? 

A,    Yes,  sir  :  he  was  here  on  the  19th. 

Q.  You  know  that  he  was  here  the  day  before  the  date  of  your 
receipt  ? 

A.  Yes,  sir.  He  used  to  come  to  my  house,  and,  when  I  would 
not  be  prepared  to  see  him,  I  used  to  tell  him  I  would  send  the 
money  to  his  house. 

Q.    What  is  the  date  of  that  receipt? 

A.   The  20th  of  February. 

Q.    And  you  saw  him  the  day  before  that,  which  was  the  19th  ? 

A.   Yes,  sir. 

H.  K.  Douglass, 

a  witness  called  for  the  accused,   Mary  E.    Surratt,    being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Aiken  : 

Q.  State  to  the  Court  whether  you  ever  held  a  commission  in 
the  so-called  Confederate  service. 

A.   I  did. 

Q.    What  was  that  commission  ? 

A.    I  have  held  several. 

Q.    What  was  the  last? 

A.   My  last  commission  was  major  and  assistant  adjutant-general. 

Q.    To  whom? 

A.  During  the  last  campaign  I  served  on  the  staff  of  six  gen- 
eral officers,  —  General  Edward  Johnson,  General  Early,  General 
Gordon,  General  Pegram,  General  Walker,  and  General  Ramsey. 

Q.    Are  you  acquainted  with  Henry  von  Steinacker  ? 

A.  I  know  a  man  by  the  name  of  Von  Steinacker  :  I  do  not 
know  what  his  first  name  is. 


480  THE     TRIAL. 

Q.    Was  lie  or  not  a  private  in  your  service  ?  and  if  so,  in  what 
regiment  ? 

A.   He  was  in  the  Second  Virginia  Infantry,  I  believe,  —  the 
Stonewall  Brigade. 

Q.    Did  he  receive  the  pay,  bounty,  and  allowances  usually  be- 
longing to  a  private  ? 

A.   I  do  not  know. 

Q.  Shortly  after  the  return  of  the  army  from  Gettysburg,  where 
was  it  encamped  ? 

A.  I  was  wounded  at  Gettysburg,  and  left  in  the  hands  of  the 
enemy.     I  was  a  prisoner  nine  months  after  I  was  wounded. 

Q.  When  you  returned  to  the  camp  did  you  find  Yon  Steinac- 
ker  again  ? 

A.  I  do  not  recollect  ever  seeing  him  there ;  but  I  got  a  letter 
from  him  on  my  return  to  duty. 

Q.  Do  you  know  of  any  secret  meeting  ever  having  been  held 
in  your  camp,  where  plans  for  the  assassination  of  the  President  of 
the  United  States  were  discussed  ? 

A.   I  do  not. 

Q.    Were  you  acquainted  with  J.  Wilkes  Booth,  the  actor  ? 

A.   No,  sir. 

By  the  Court  : 

Q.    Were  you  ever  in  the  service  of  the  United  States  ? 
A.   No,  I  was  not.     With  the  permission  of  the  Court  I  should 
like  to  make  a  statement. 

Objection  being  made  — 

On  motion,  the  Court  allowed  the  witness  to  make  his  statement, 
he  at  first  stating,  in  answer  to  a  question  of  Assistant  Judge  Advo- 
cate Bingham,  that  the  statement  to  be  made  by  him  would  not  af- 
fect the  evidence  heretofore  given  by  Henry  von  Steinacker. 
The  witness,  H.  K.  Douglass,  then  proceeded  to  say,  — 
I  desire  to  say  to  the  Court  that  an  implication  has  been  cast,  I 
think  unjustly,  on  the  character  of  the  members  of  the  Stonewall 
Brigade ;  and  as  a  man  who  has  held  the  positions  of  a  private,  of 
a  line  and  of  a  staff  officer  in  that  brigade,  I  want  to  say  in  their  vin- 
dication, that  I  think  their  reputation  for  integrity  as  men,  equally 


THE     TRIAL.  481 

as  their  reputation  for  gallantry  as  soldiers,  would  forbid  thein 
from  being  at  all  implicated  with,  or  cognizant  of,  any  such  act  as 
the  nightly  assassination  of  Mr.  Lincoln  ;  and  in  their  behalf  I  only 
wish  to  say  that  I  do  not  believe  that  they  knew  any  thing  about  it, 
or  in  the  least  degree  sympathized  with  such  an  unrighteous  act.  I 
say  this  on  behalf  of  them  as  men  and  as  soldiers. 

Oscar  Henrichs, 

a  witness  called  for  the  accused,  Mary  E.  Surratt,  being  duly 
sworn,  testified  as  follows :  — 

By  Mr.  Aiken  : 

Q.  Have  you  been  in  the  military  service  of  the  so-called  Con- 
federate. States  ? 

A.   I  have  been. 

Q.    In  what  capacity  ? 

A.   As  an  engineer-officer. 

Q.    On  whose  staff? 

A.  At  one  time  on  General  Edward  Johnson's,  and  on  different 
general  officers'  staffs. 

Q.  State  to  the  Court  whether  or  not  you  are  acquainted  with 
Henry  von  Steinacker  ? 

A.   I  am. 

Q.  How,  and  when,  and  under  what  circumstances,  did  the  ac- 
quaintance commence  ? 

A.  He  was  detailed  to  me  shortly  after  General  Johnson  took 
command  of  my  division,  as  a  draughtsman. 

Q.    Was  he  employed  as  such  ? 

A.   I  did  employ  him  as  such. 

Q.    Did  he  ever  have  the  rank  or  pay  of  an  engineer-officer  ? 

A.   He  did  not. 

Q.    Are  you  acquainted  with  J.  Wilkes  Booth,  the  actor  ? 

A.   I  am  not. 

Q.    Did  you  ever  see  a  person  calling  himself  by  that  name  in 

your  camp  ? 

A.    No,  sir. 
VOL.  n.  41 


482  THE     TRIAL. 

Q.  Do  you  know  of  any  secret  meeting  of  officers  that  ever  took 
place  in  your  camp,  where  plans  of  the  assassination  of  President 
Lincoln  were  discussed  ? 

A.   None  ever  did  take  place. 

Q.  Did  you  ever  learn  the  fact  that  Von  Stein  acker  was  a  mem- 
ber of  General  Blenker's  staff  ? 

Assistant  Judge  Advocate  Bingham.  I  object  to  that.  It  is 
no  matter  what  he  learned  about  that.  It  is  mere  hearsay,  and 
has  nothing  to  do  with  this  case  anyhow. 

Q.  [By  Mk.  Aiken.]  Did  you  ever  learn  that  he  was  a  deserter 
from  the  military  service  of  the  United  States  ? 

Assistant  Judge  Advocate  Bingham.     I  object  to  that. 

[By  Mr.  Aiken.]     Do  you  know  that  fact? 

A.  I  do  not,  only  from  his  own  statement.  His  acknowledg- 
ment was  on  several  occasions  to  me  to  that  effect. 

Q.  Have  you  ever  heard  or  been  cognizant  of  secret  treasonable 
societies  for  the  purpose  of  the  assassination  of  the  President  of  the 
United  States  ? 

A.   I  am  not  cognizant  of  any,  nor  have  I  ever  heard  of  any. 

Q.  Were  any  members  of  your  staff,  or  yourself,  members  of  or- 
ganizations known  as  Knights  of  the  Golden  Circle,  or  Sons  of  Lib- 
erty ? 

A.  As  far  as  I  myself  am  concerned,  I  never  have  been,  nor  do 
I  know  of  the  others  having  been. 

Q.  Have  you  ever  heard  declarations  made  in  Richmond  to  the 
effect  that  President  Lincoln  ought  to  be  assassinated  ? 

A.   No,  sir. 

Joseph  T.  Nott, 

a  witness  called  for  the  accused,  Mary  E.  Surratt,  being  duly  sworn, 
testified  as  follows  :  — 

By  Mr.  Aiken  : 

Q.    TVTiere  do  you  reside  ? 

A.   In  Prince  George's  County,  Md. 

Q.    At  what  place  ? 


i 


THE     TRIAL.  483 

A.  I  have  been  Rtopping  at  Mrs,  Surratt's  place,  with  Mr. 
Lloyd,  for  the  last  two  or  three  months. 

Q.    What  has  been  your  occupation  while  there  ? 

A.   Tendins;  bar  there. 

Q.    Did  you  see  Mr.  Lloyd  on  the  14th  of  last  April? 

A.   Yes,  sir. 

Q.    At  what  time  in  the  day  ? 

A.  I  saw  him  in  the  morning,  and  I  saw  him  again  just  before 
sundown. 

Q.    What  was  Mr.  Lloyd's  condition  at  that  time  ? 

A.   He  was  pretty  tight. 

Q.  In  addition  to  his  being  tight,  what  was  his  general  appear- 
ance ?  and  how  did  he  act  ? 

A.  When  I  saw  him,  he  was  going  around  next  to  the  kitchen 
with  his  buggy.  He  had  been  to  Marlboro',  and  brought  some  fish 
and  oysters,  which  he  carried  around  there.  I  did  not  see  him  when 
he  retunied  back.  I  never  saw  him  more  until  he  came  to  the 
buggy  that  Mrs.  Surratt  was  in  to  assist  in  fixing  it. 

Q.  Has  Mr.  Lloyd  been  in  the  habit,  for  weeks  past,  of  drinking 
a  great  deal  ? 

A.   Yes,  sir ;  Mr.  Lloyd  drank  a  good  deal. 

Q.    Has  he  been  drunk  for  almost  every  day  for  some  time  past  ? 

A.   Yes,  sir. 

Q.    State  how  that  was. 

A.   He  was  pretty  tight  nearly  every  day,  and  night  too. 

Q.  Did  he  or  not  really  have  the  appearance  of  an  insane  man 
from  drink  ? 

A.   He  had  at  times. 

Cross-examined  by  Assistant  Judge  Advocate  Bingham  : 

Q.  When  Lloyd  came  home  he  went  around  with  his  fish  and 
oysters  to  the  back  yard  ? 

A.   Yes,  sir ;  around  to  the  kitchen. 

Q.    How  long  was  he  around  there  ? 

A.   I  do  not  know. 

Q.  You  did  not  see  him  after  he  went  around  unti!  you  found 
him  tying  the  buggy  Mrs.  Surratt  was  in,  in  front  of  the  house  ? 


484  THE     TRIAL. 

A.   Yes,  sir ;  I  was  returning  from  the  stable  then. 

Q.    That  was  some  time  after  ? 

A.   Yes. 

Q.    He  tied  the  buggy,  did  he  not? 

A.   With  some  assistance,  he  did. 

Q.    Did  he  not  boss  the  business? 

A.   I  do  not  know  any  thing  about  it.     I  did  not  go  there. 

Q.    Who  did  tie  it,  Mr.  Lloyd,  or  Mrs.  Surratt? 

A.  Not  Mrs.  Surratt.  I  do  not  know  whether  Mr.  Lloyd, 
or  Mr.  Weichmann,  or  Mr.  Grwynn  did.  They  were  all  three 
there. 

Q.    You  do  not  know  who  tied  it  ? 

A.   I  do  not. 

Q.    What  is  the  reason  you  do  not  know? 

A.  Because  I  was  not  present  at  the  buggy.  I  saw  them  fixing 
it,  though. 

Q.    And  that  is  all  you  saw  of  it  ? 

A.  Yes,  sir :  I  crossed  the  street  to  the  stable,  and  returned. 
I  was  pretty  sick,  and  had  been  sick  for  several  days  and  nights. 

Q.    You  had  nothing  to  say  to  Lloyd  about  it  ? 

A.   No,  sir. 

Q.  Do  you  know  just  how  tight  a  man  is  when  you  look  across 
the  street  at  him  ? 

A.   He  came  into  the  room,  and  I  was  with  him  all  night. 

Q.    But  that  was  afterwards  ? 

A.   Yes,  sir. 

By  Mr.  Clampitt  : 

Q.  Do  you  or  do  you  not  know  whether  Mr.  Lloyd  attended 
court  at  Marlboro'  that  day  ? 

A.   Yes,  sir ;  he  did. 

Q.    What  time  did  he  return  ? 

A.   It  was  very  late  in  the  evening,     I  do  not  recollect. 

Q.    Where  did  you  first  see  him  that  evening  ? 

A.  Driving  around  to  the  kitchen.  I  was  at  the  stable,  and 
coming  out  I  saw  him  going  around.  That  was  the  first  sight  I 
had  of  him. 


THE     TRIAL.  485 

Q.  He  came,  tlien,  in  around  the  house  where  Mrs.  Surratt's 
buggy  was  ? 

A.   Yes,  sir. 

Q.  Did  you  hear  any  conversation  that  took  place  between  Lloyd 
and  Mrs.  Surratt? 

A.   None  at  all. 

Q.    How  close  were  you  to  the  buggy  ? 

A.  I  suppose  I  was  some  fifteen  or  twenty  yards,  probably,  I 
just  passed  right  on. 

Q.    Who  else  was  there  besides  Mr.  Weichraann  ? 

A.   I  think  Captain  Glwynn  was  there.     He  drove  up. 

Q.    He  drove  close  by  this  buggy,  did  he  ? 

A.   He  drove  up  in  front  of  the  bar-room. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.    What  Captain  Grwynn  was  that  ? 

A.   Bennett  F.  Gwynn  :  we  called  him  captain. 

Q.  Bo  you  not  remember  that  he  had  gone  before  Lloyd  got 
home  that  evening  ? 

A.    I  do  not  recollect  any  thing  of  the  kind. 

Q.  There  was  only  one  Captain  Grwynn  that  was  there  that 
afternoon  ?  Was  there  more  than  one  Captain  Gwynn  there  that 
afternoon  ? 

A.   Not  that  I  know  of. 

J.  Z.  Jenkins, 

a  witness  called  for  the  accused,  Mary  E.  Surratt,  being  duly  sworn, 
testified  as  follows  : — 

By  Mr.  Aiken  : 

Q.    Where  do  you  reside  ? 
A.   In  Prince  George's  County,  Md. 

Q.    Were  you  or  not  at  Sarrattsville  on  the  14th  of  last  April  ? 
A.   I  was. 

Q.    Are  you  acquainted  with  Louis  J.  Weichmann  ? 
A.    Yes,  sir. 

Q.  Were  you  there  at  the  time  he  and  Mrs.  Surratt  drove  up  to 
the  house  ? 

41* 


486  THE     TRIAL. 

A.   Yes,  sir. 

Q.    Did  Mrs.  Surratt  at  that  time,  or  not,  show  you  a  letter? 

A.    Yes,  sir  :  one  from  George  Calvert. 

Q.    Did  she  show  you  any  other  papers? 

A.  She  showed  me  two  judgments  that  Charles  B.  Calvert 
obtained  in  the  Circuit  Court  of  our  county  against  Mrs.  Surratt. 

Q.  Do  you  know,  from  your  own  knowledge,  or  not,  whether  that 
business  brought  Mrs.  Surratt  to  Surrattsville  on  that  day? 

A.   She  showed  me  the  letter,  and  told  me  that  was  her  business. 

Q.  Did  you  transact  any  business  there  for  Mrs.  Surratt  that 
afternoon  ? 

A.   I  made  out  the  interest  on  those  judgments. 

Q.  Did  she  express  to  you,  during  her  entire  stay  at  Surratts- 
ville, that  afternoon,  any  purpose,  wish,  or  desire  to  see  Mr.  John 
M.  Lloyd  ? 

A.   She  did  not. 

Q.    Were  you  at  the  place  when  Mr.  Lloyd  drove  up  ? 

A.   Yes,  sir. 

Q.    What  was  his  condition  at  that  time? 

A.   He  was  very  much  intoxicated. 

Q.  Was  Mrs.  Surratt  on  the  point  of  going  away  when  Lloyd 
drove  up  ? 

A.  Yes,  sir :  she  was  ready  to  start  some  time  before  Mr.  Lloyd 
came  up,  but  her  business  was  with  Captain  Gwynn ;  and  when  he 
came  in  sight  she  went  back  and  stopped. 

Q.    When  Captain  Gwynn  came  in  sight? 

A.   Yes,  sir. 

Q.    What  time  did  you  leave  ? 

A.   About  sundown,  I  judge. 

Q.  Has  your  intercourse  during  the  last  year  and  all  the  years 
of  the  Hebellion  been  of  an  intimate  character  with  Mrs.  Surratt  ? 

A.   Quite  so. 

Q.  Have  you  in  all  that  intercourse  ever  heard  her  breathe  a 
word  that  was  disloyal  to  the  Government  ? 

A.   Not  to  my  knowledge. 

Q.  Have  you  at  any  time  ever  heard  her  make  any  remark  or 
remarks  showing  her  to  have  knowledge  of  any  plan  or  conspiracy 
to  assassinate  the  President? 


THE     TRIAL.  487 

A.   No,  sir. 

Q.    Or  any  member  of  the  Government  ? 

A.   No,  sir. 

Q.  Have  you  at  any  time  overheard  her  mention  any  thing  in 
regard  to  a  plan  for  capturing  the  President  ? 

A.   I  have  not. 

Q.  Have  you  been  frequently  at  the  house  of  Mrs.  Surratt  when 
Union  troops  were  passing  ? 

A.    Yes,  sir  :  very  frequently. 

Q.  From  your  personal  knowledge  of  transactions  that  occurred 
then  and  there,  can  you  state  to  the  Court  whether  or  not  she  was 
in  the  habit  of  giving  them  milk,  tea,  and  such  nourishments  and 
refreshments  as  she  had  in  her  house  ? 

A.   Frequently. 

Q.    Was  she  in  the  habit  of  receiving  pay  for  it  ? 

A.    Sometimes  she  did,  and  at  other  times  she  did  not. 

Q.  Do  you  recollect  whether,  on  or  about  the  time  a  large  num- 
ber of  horses  escaped  from  Giesboro',  many  of  them  were  taken  up 
and  put  on  her  premises  ? 

A.  Yes  :  some  of  them  were  taken  up  there ;  I  disremember  how 
many. 

Q.    Were  these  horses  carefully  kept  and  fed  by  her,  or  not? 

A.   Yes,  sir ;  they  were. 

Q.    Were  they  all  given  up  ? 

A.    Every  one. 

Q.  Do  you  know  whether  she  ever  received  any  receipt  for  it,  or 
not? 

A.   She  received  a  receipt,  but  never  got  any  pay  :  so  she  told 

me. 

Q.  What  I  mean  to  ask  is,  did  she  get  any  receipt  for  delivering 
the  horses  ? 

A.   She  did. 

Q.    Do  you  know  whether  she  ever  received  any  pay  for  that  ? 

A.   Not  to  my  knowledge. 

Q.  From  your  knowledge  of  Mrs.  Surratt,  can  you  state  to  the 
Court  whether  or  not  you  knew  her  to  commit  any  overt  act  against 
the  Government  of  any  description  ? 


488  THE     TRIAL. 

A.   I  never  did. 

Q.  Was  it,  or  was  it  not,  Mrs.  Surratt's  constant  habit  to  express 
warm  sympathy  for  the  sick  and  wounded  of  our  army  ? 

A.  I  do  not  remember  ever  hearing  her  say  any  thing  about 
that. 

Q.  Do  you  know  any  thing  of  defective  eyesight  on  her  part  ? 
Have  you  ever  been  present  with  her  when  she  had  been  unable  to 
read  or  sew  ? 

A.  Yes,  sir :  at  night  I  "never  saw  her  read  or  sew  by  gaslight, 
for  several  years. 

Q.  Do  you  recollect  any  circumstance  when  you  have  beeu 
present  and  she  has  failed  to  recognize  friends  immediately  ? 

A.   No,  sir ;  I  do  not  recollect  that. 

Q.  Do  you  or  not  recollect  that  on  one  occasion  Mrs.  Surratt  cut 
up  the  last  ham  she  had  in  her  house  to  feed  the  soldiers  ? 

A.   I  do  not. 

Q.  Are  you  acquainted  with  a  man  by  the  name  of  A.  S.  How- 
eU? 

A.   I  have  seen  him. 

Q.    Did  he  stop  at  Mrs.  Surratt's  hotel  there  ? 

A.   Yes,  sir :  I  have  seen  him  there  probably  twice. 

Q.    Was  he  there  merely  as  a  guest  ? 

A.   There  was  a  hotel  kept  there,  and  he  stopped  there. 

Q.    As  other  travellers  do  ? 

A.   Yes,  sir. 

By  Mr.  Clampitt  ; 

Q.  Did  you  not  meet  ]\L'S.  Surratt  on  the  Tuesday  preceding  the 
assassination  of  the  President  ? 

A.  I  cannot  say  what  day  it  was,  but  it  was  a  few  days  before 
that :  I  cannot  say  how  many  days,  or  what  length  of  time  before. 

Q.  At  that  meeting  did  she  not  state  to  you,  when  you  asked 
her  for  the  news,  that  our  army  had  captured  General  Lee's  army 
and  taken  Richmond? 

Assistant  Judge  Advocate  Burnett  objected  to  the  question, 
as  incompetent  and  irrelevant. 

Mr.  Clasipitt  stated  that  the  object  of  the  question  was  to  show 


THE     TRIAL.  489 

tbat  the  accused,  Mary  E.  Sun-att,  had,  a  few  days  before  the 
assassination,  exhibited  in  her  expressions  a  loyal  feeling. 

Assistant  Judge  Advocate  Burnett  stated  that  the  way  to 
prove  her  character  for  loyalty  was  by  bringing  witnesses  who  knew 
her  reputation  in  that  respect,  and  not  by  bringing  in  her  own  mere 
declarations. 

Mr.  Clampitt  waived  the  question,  and  in  lieu  of  it  asked  the 
witness,  — 

Q.  What  is  Mrs.  Surratt's  reputation  for  loyalty  ? 

A.  Very  good.     I  never  heard  it  questioned. 

Q.  Have  you  ever  heard  her  express  any  disloyal  sentiment? 

A.  No,  sir. 

Cross-examined  by  Assistant  Judge  Advocate  Burnett  : 

Q.  What  relation  are  you  to  Mrs.  Surratt  ? 

A.  She  is  my  sister. 

Q.  Where  did  you  reside  while  she  lived  at  Surrattsville  ? 

A.  About  a  mile  and  a  half  this  side  of  her  place. 

Q.  Where  have  you  been  residing  since  ? 

A.  There. 

Q.  At  your  home  ? 

A.  Yes,  sir.  ^ 

Q.  On  what  day  were  you  arrested? 

A.  I  think  last  Thursday  was  a  week  I  was  brought  here. 

Q.  Where  were  you  on  the  evening  of  the  day  previous  to  your 

arrest  ? 

A.  I  was  at  Washington. 

Q.  AVere  you  at  the  hotel  at  Surrattsville  at  any  time  immedi- 
ately preceding  your  arrest  ? 

A.  I  was  there  the  day  I  was  arrested. 

Q.  Were  you  there  the  day  before  ? 

A.  No,  sir ;  but  I  was  there  about  ten  or  eleven  o'clock  at  night. 

Q.  You  mean  ten  or  eleven  o'clock  the  night  before  ? 

A.  Yes,  sir. 

Q.  Did  you  meet  at  that  place  a  man  by  the  name  of  CoUen- 
back  ? 

A.  Yes,  sir. 


1 


i 


490  THE     TRIAL. 

Q.    Did  you  have  any  conversation  witli  him  at  that  time  ? 

A.   Yes,  sir  :  I  had  some  conversation  with  liim. 

Q.    In  reference  to  this  trial  ?  ^ 

A.   Yes  :  we  were  talking  about  the  trial. 

Q.    Did  you  meet  at  that  time  and  place  a  man  by  the  name  of         i 
Cottingham  ? 

A.   Yes,  sir  :  I  went  there  with  him. 

Q.  At  the  time  you  met  Mr.  Collenback  there,  what  was  said 
between  you  and  him  about  the  trial  and  with  reference  to  witnesses 
against  Mrs.  Surratt  ?  % 

A.  I  think  I  told  him  that  I  would  look  at  the  paper  to  see  his 
testimony. 

Q.    What  paper  ? 

A.   The  public  papers. 

Q.    That  you  would  look  at  the  papers  ? 

A.   Yes,  sir  ;  that  was  all. 

Q.    Any  thing  else? 

A.   Not  to  my  knowledge. 

Q.    Nothing  else  ? 

A.   Not  that  I  know  of. 

Q.    Try  and  see  if  you  can  remember  any  thing  else  that  was  said        | 
at  that  time  ? 

A.  I  might  have  told  him  that  my  sister  found  his  family,  or  fed 
them,  or  something  of  that  kind. 

Q.    How  did  that  come,  that  your  sister  found  his  family  ? 

A.   I  do  not  recollect. 

Q.    What  relevancy  had  that  to  the  conversation  ? 

A.   I  disremember  how  the  conversation  commenced. 

Q.    Try  and  give  that  entire  conversation  to  the  Court. 

A.   I  disremember  how  it  commenced. 

Q.  Let  me  see  if  T  can  refresh  your  recollection.  Did  you,  at 
that  time  and  place,  say  to  Mr.  Collenback  that  if  he  or  any  one 
like  him  undertook  to  testify  against  your  sister,  you  would  see  that 
they  were  put  out  of  the  way  ? 

A.   No,  sir  :  I  did  not. 

Q.    Did  you  say  any  thing  of  the  kind? 

A.   No,  sir :  not  a  word  of  it. 


THE     TRIAL.  491 

Q.  Did  you  say  you  would  send  to  hell  any  man  from  that 
neighborhood  who  would  testify  against  your  sister  ? 

A.   I  did  not. 

Q.  Did  you  use  any  threats  against  him  in  case  he  appeared  as 
a  witness  against  her  here  ? 

A.   I  did  not. 

Q.    Nothing  of  the  kind  ? 

A.   No,  sir ;  not  any  thing  like  that. 

Q.    State  what  you  did  say  upon  that  subject. 

A.  I  forget  how  the  conversation  commenced.  I  told  him  that 
I  understood  he  was  a  witness  ;  and  that  I  understood  he  was  a 
strong  witness  against  my  sister,  which  he  ought  to  be,  I  told  him, 
for  she  had  raised  his  family  of  children.  This  is  about  as  much 
as  I  recollect  saying  to  him. 

Q.  You  stated  to  him  that  you  understood  he  was  a  strong  wit- 
ness against  your  sister  ? 

A.   Yes. 

Q.    And  that  he  ought  to  be,  for  she  had  supported  his  family  ? 

A.   Yes,  sir. 

Q.  That  was  the  reason  why  he  ought  to  be  a  strong  witness 
against  your  sister  ? 

A.    Yes,  sir. 

Q.    Is  that  the  way  you  wish  to  be  understood  by  the  Court  ? 

A.   Yes,  sir.     That  is  as  near  as  I  can  come  to  it. 

Q.  That  because  your  sister  had  raised  his  family  and  support- 
ed them,  therefore  he  ouglit  to  be  a  strong  witness  against  your 
sister  ? 

A.   I  think  that  is  as  near  as  I  can  come  to  it. 

Q.    Is  that  all  you  can  think  of? 

A.    Yes,  sir. 

Q.    Did  you  call  him  a  liar  during  that  conversation  ? 

A.    I  disremember. 

Q.    Was  there  any  angry  or  excited  conversation  between  you  ? 

A.   No,  sir.     I  did  not  mean  it,  anyhow. 

Q.  Did  you  have  any  talk  with  him  about  John  II.  Surratt  hav- 
ing been  to  Richmond,  or  returned  from  Richmond,  at  any  time  ? 

A.   Not  to  my  knowledge. 


492  THE     TRIAL. 

Q.  Did  he  tell  you  any  thing  as  to  his  being  able  to  testify  as 
to  John  H.  Surratt  going  to  Richmond  ? 

A.    No,  sir  :  he  never  mentioned  it  to  me. 

Q.    He  did  not  ? 

A.  He  did  not. 

Q.  Did  he  mention,  in  connection  with  the  paper  he  exhibited 
to  you,  that  John  H,  Surratt  had  been  to  Richmond  with  the  full 
knowledge  and  consent  of  his  mother  ? 

A.   Which  paper  ? 

Q.    The  paper  about  which  you  were  just  speaking? 

A.    He  never  mentioned  John  H.  Suvratt's  name  to  me. 

Q.    Did  you  see  the  letter  found  at  the  bar  V 

A.   I  did  not. 

Q.    What  papers  were  you  talking  about  ? 

A.   The  public  press. 

Q.    You  did  not  see  the  letter  found  there  by  Mr.  Collenback  ? 

A.   I  did  not. 

Q.  Now  state  to  the  Court  what  first  called  up  this  conversa- 
tion between  you  and  Mr.  Collenback  in  reference  to  Mr.  Collen- 
back being  a  witness  ? 

A.    I  cannot  tell :  I  disremember. 

Q.    How  did  you  learn  that  he  was  to  be  a  witness  ? 

A.   He  told  me  so  hhnself. 

Q.    When  did  you  go  in  there  to  the  hotel  ? 

A.  I  do  not  know ;  I  judge  about  ten  o'clock.  I  Went  in  with 
Cottingham  and  Joshua  Lloyd. 

Q.  I  understand  you,  then,  to  say  that  you  used  no  threat  of 
any  character  against  him  ? 

A.  Except  looking  at  his  statement  in  the  public  press.  That 
was  all,  to  my  knowledge. 

Q.  Did  you  or  not  at  that  time  use  any  threat  of  any  charac- 
ter against  Mr.  Collenback  ? 

A.   Not  to  ray  knowledge. 

Q.    Would  you  not  have  knowledge  of  it  if  you  did  ? 

A.   I  should  think  I  ought. 

Q.  Now,  then,  to  the  best  of  your  recollection,  did  you,  or  did 
you  not  ? 


THE     TRIAL.  493 

A.  I  do  not  think  I  did ;  only  about  the  papers,  the  public 
press ;  that  is  all  I  said,  to  the  best  of  my  knowledge. 

Q.    What  did  you  say  about  that  ? 

A.  I  told  him  that  I  would  look  at  his  statement  in  the  public 
press. 

Q.  And  then,  if  you  found  in  the  public  press  that  he  had  tes- 
tified against  your  sister,  what  did  you  say  you  would  do  with 
him  ? 

A.  I  do  not  recollect  making  use  of  the  words.  Mrs.  Lloyd 
was  there,  and  heard  the  language. 

Q.    Did  not  Mr.  Cottingham  hear  some  of  it  too  ? 

A.    Yes,  sir. 

Q.  Did  you  have  any  further  conversation  with  Mr.  Cottingham 
next  day  ? 

A.  He  was  talking  about  two  thousand  dollars.  I  recollect 
that. 

Q.  When  you  say  that  on  the  14th  of  April  you  saw  Mr.  Lloyd 
and  Mrs.  Surratt,  do  I  understand  you  to  say  that  you  saw  Mr. 
Gwynn  there  ? 

A.   Yes,  sir. 

Q.    How  long  were  you  at  the  Lloyd  House,  then? 

A.  I  judge  it  was  about  two  o'clock  when  I  got  there, — be- 
tween two  and  three ;  and  I  staid  till  about  sundown,  probably  a 
little  after  sundown. 

Q.  How  many  persons  did  you  see  there  during  that  time  ?  and 
who  were  they? 

A.   I  suppose  I  saw  from  ten  to  fifteen. 

Q.    Who  were  they?     Name  them  as  far  as  you  can. 

A.  Gwynn  stopped  there,  Collenback  was  there,  Walter  Edolin 
was  there.  The  jury  was  discharged  that  day  from  our  court,  and 
a  good  many  of  them  stopped  there. 

Q.    Whom  did  you  see  there  while  Mrs.  Surratt  was  there  ? 

A.   All  these  were  there,  I  think  :  I  do  not  know,  though. 

Q.    Did  Mr.  Gwynn  leave  before  Mrs.  Surratt? 

A.   Yes,  sir ;  I  think  he  did. 

Q.  Do  you  recollect  whether  he  saw  Mrs.  Surratt  on  that  occa- 
sion, or  not  ? 

VOL.  II.  42 


494  THE     TRIAL. 

A.   He  did  see  her. 

Q.    And  spoke  to  her  ? 

A.   Yes,  sir. 

Q.    Where? 

A.   In  the  parlor. 

Q.    Were  you  in  the  parlor  at  the  time  ? 

A.   I  went  to  the  door  to  see  that  she  was  there. 

Q.    Who  was  in  the  parlor? 

A.   Weichmann  was. 

Q.    And  did  Gwynn  go  in  to  speak  to  her  ? 

A.   Yes,  sir. 

Q.    And  did  you  see  him  come  out  ? 

A.  I  do  not  recollect  when  he  came  out  of  the  parlor.  I  saw 
him  when  he  left  the  house,  and  went  home. 

Q.  You  did  not  see  him  have  any  further  conversation  with  Mrs. 
Surratt  ? 

A.   No  :  I  did  not  go  into  the  parlor  while  they  were  conversmg. 

Q.    You  think  Weichmann  was  in  there  ? 

A.   I  think  he  was. 

Q.  Gwynn  went  in,  then  went  out  and  left,  and  subsequently 
Mrs,  Surratt  left  ? 

A.   Yes,  sir. 

Q.  You  have  been  asked  here  by  counsel  as  to  IMrs.  Surratt's 
loyalty ;  now  I  will  ask  you  what  your  attitude  towards  the  Gov- 
ernment during  the  war  has  been  ? 

A.    Perfectly  loyal,  I  think. 

Q.    Perfectly? 

A.   I  think  so. 

Q.  Where  did  you  stand  when  it  was  discussed  that  the  State 
of  Maryland  was  about  to  secede,  and  join  the  Southern  Confed- 
eracy ? 

A.  During  this  Ptevolution  I  spent  three  thousand  dollars  in  my 
district  to  hold  it  in  the  Union,  as  everybody  will  testify  here  that 
knows  me  in  this  city  and  in  my  county. 

Q.  Did  you  ever  take  any  part  in  any  way  against  the  Govern- 
ment during  this  struggle  ? 

A.   I  never  did. 


THE     TRIAL.  495 

Q.    Have  you  been  entirely  on  the  side  of  the  Grovernment  ? 

A.   I  have  been  all  the  time. 

Q.    During  the  entire  war? 

A.   Yes,  sir. 

Q,  Have  you  never  by  act  or  word  given  aid  or  sympathy  to 
the  Rebellion  ? 

A.  No,  sir ;  that  is,  I  never  did  any  thing  to  aid  or  abet  the 
Rebellion,  or  ever  a  scroll  of  the  pen  went  from  me  across  to  them, 
or  from  them  to  me.  I  do  not  know  any  thing  about  them  at 
all. 

Q.    You  never  fed  any  of  their  soldiers  ? 

A.   No,  sir ;  not  one. 

Q.    Nor  induced  any  soldiers  to  go  to  their  army  ? 

A.   No,  sir. 

Q.    Nor  aided  or  assisted  them  in  any  way  ? 

A.   No,  sir. 

By  Mr.  Aiken  : 

Q.    Do  you  know  what  you  are  under  arrest  for  ? 

A.   I  do  not. 

Q.  What  was  the  two  thousand  dollars  that  you  said  Captain 
Cottino^ham  was  talkinoj  about  ? 

A.  Our  commissioners  offered  two  thousand  dollars  for  any  in- 
formation that  could  be  given  leading  to  the  arrest  of  any  party 
connected  with  the  assassination ;  and  he  claimed  it  under  the 
arrest  of  John  M.  Lloyd,  and  asked  me  if  I  would  see  the  State's 
attorney,  and  see  if  he  could  get  it  or  not. 

Q.  Cottingham  claimed  the  two  thousand  dollars  from  your 
county-commissioners  on  account  of  the  arrest  of  John  M.  Lloyd  ? 

A.   Yes,  sir. 

Q.  Did  you  state  to  Mr.  CoUenback  that  he  ought  to  be  a  strong 
witness  for  or  against  your  sister  on  account  of  her  bringing  the 
children  up  ? 

A.   Against,  I  told  him. 

Q.  Did  you  say  that  ironically  ?  You  did  not  mean  that  he 
ought  to  be  a  witness  against  her  ? 

A.  No.     I  did  not  mean  a  word  I  said  to  him  about  it. 


496  THE     TRIAL. 

Q.  Is  it  a  fact  that  Mrs.  Surratt  did  rear  that  family  princi- 
pally ? 

A.   Partially,  I  judge. 

Anxa  E.  Surratt, 

a  witness  called  for  the  accused,   Mary  E.   Surratt,  heing  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Aiken  : 

Q.    State  your  full  name  to  the  Court. 

A.   Anna  E.  Surratt. 

Q.    Are  you  under  arrest  at  the  present  time  ? 

A.    Yes,  sir. 

Q.  When  were  you.  arrested  ?  and  where  have  you  been  confined 
since  ? 

A.   I  was  arrested  on  the  17th  of  April. 

Q.  Have  you  or  not  been  confined  in  the  Old  Capitol  since 
then  ? 

A.    Yes,  sir ;  the  Carroll  Prison. 

Q.    Are  you  acquainted  with  the  prisoner  at  the  bar,  Atzerodt  ? 

A.    I  have  met  him. 

Q.    Where  have  you  met  him  ? 

A.   At  our  house  in  Washington  City. 

Q.    When  did  he  come  there  first  ? 

A.  I  do  not  remember  exactly  ;  some  time  after  Christmas :  I 
suppose  in  February. 

Q.    How  long  did  he  remain  there  ? 

A.  He  called  once  or  twice.  I  do  not  think  he  remained  there 
over  a  night  to  my  knowledge. 

Q.    Was  his  stay  there  then  a  short  one  ? 

A.  He  called  sometimes :  he  called  very  often,  and  asked  for 
that  man  Weichmann. 

Q.  Can  you  state  to  the  Court  fi-om  your  own  knowledge 
whether  or  not  Atzerodt  was  given  to  understand  that  he  was  not 
wanted  at  the  house  ? 

A.   Yes,  sir  :  ma  said  she  did  not  care  about  having  strangers. 

Q.  State  whether  or  not  you  are  aware  of  frequent  instances 
where  youi*  mother  has  failed  to  recognize  her  friends. 


THE     TRIAL.  497 

A.  Yes,  sir  :  her  eyesight  is  very  bad,  and  has  been  for  some 
time  past ;  and  she  often  fails  to  recognize  those  whom  she  knows 
well. 

Q.    Is  she  able  to  read  or  sew  by  gaslight? 

A.   No,  sir  ;  not  for  some  time  past. 

Q.    Have  you  often  plagued  her  about  getting  spectacles  ? 

A.  Yes,  sir  :  I  told  her  she  was  too  young-looking  to  wear  spec- 
ticles  just  yet.  She  said  she  could  not  do  without  them,  that  she 
could  not  sew  or  read,  and  very  often  she  could  not  recognize  those 
she  knew  best. 

Q.    Could  she  read  or  sew  on  a  dark  mornins:? 

A.  No,  sir  :  she  made  out  to  read  some,  but  she  very  seldom 
sewed,  on  a  dark  day. 

Q.    Are  you  acquainted  with  Louis  J.  Weichmann  ? 

A.   Yes,  sir ;  I  have  seen  him  and  heard  of  him. 

Q.    Was  he  a  boarder  at  your  mother's  house  ? 

A.   Yes,  sir. 

Q.    How  was  he  treated  there  ? 

A.   He  was  treated  too  kindly. 

Q.  Was  it  or  not  your  mother's  habit  to  sit  up  for  him  when  he 
was  out  of  the  house  at  night  ? 

A.  Yes,  sir  :  whenever  he  was  out,  she  would  sit  up  and  wait  for 
him  the  same  as  she  would  for  my  brother. 

Q.    At  what  time,  according  to  the  best  of  your  recollection  ? 

The  Witness.  The  last  time  Atzerodt  was  there,  Weichmann 
engaged  the  room  for  him,  and  asked  ma  to  allow  him  to  stay  there 
all  night.  They  were  sitting  in  the  parlor,  and  made  several  signs 
over  to  each  other.  Weichmann  and  he  then  left  the  room,  and 
presently  Weichmann  came  back,  and  asked  ma  if  she  would  have 
any  objections  to  Atzerodt  remaining  there  that  night ;  that  he  did 
not  feel  at  home  at  a  hotel.  After  thinking  for  some  time, ma  said, 
"Well,  Mr.  Weichmann,  I  have  no  objections." 

Q.    Do  you  refer  in  that  remark  to  Atzerodt,  or  to  Payne  ? 

A.   To  Atzerodt. 

Q.    At  what  time  did  Payne  first  come  to  your  house  ? 

A.  I  do  not  know  :  he  came  there  one  night  after  dark,  and  left 
very  early  the  next  morning. 

42* 


498  THE     TRIAL. 

Q.  How  long  was  that,  according  to  the  best  of  your  recollection, 
before  the  assassination  'i 

A.    I  do  not  know  ;  not  a  very  long  time  after  Christmas. 

Q.  How  many  times  did  he  come  there?  How  much  did  he 
stay  there  ? 

A.  Mr.  Payne,  or  whatever  his  name  is,  staid  there  one  night 
the  first  night  he  came.  I  did  not  see  him  any  more  for  some 
weeks  after,  —  I  could  not  state  the  number,  —  when  he  came  one 
night  when  we  were  all  in  the  parlor.  Weichraann  went  to  the 
door  and  brouo-ht  the  gentleman  in,  and  I  recoo-nized  him  as  the 
one  who  had  been  there  before  under  the  name  of  Wood.  I  did 
not  know  him  by  the  name  of  Payne  at  all.  I  went  down  stairs  to 
tell  ma  that  he  was  there.  She  was  in  the  dining-room.  She  said 
she  did  not  understand  why  strange  persons  should  call  there  ;  but 
she  supposed  their  object  was  to  see  my  brother,  and  she  would 
treat  them  politely,  as  she  was  always  in  the  habit  of  treating  every 
one.  He  called  two  or  three  times  after  that ;  perhaps  the  same 
week,  or  two  weeks  after :  I  cannot  say  exactly. 

Q.    Did  he  ask  for  accommodations  that  night  ? 

A.  Yes,  sir.  We  were  sitting  in  the  parlor,  and  he  said,  **  Mrs. 
Surratt,  if  you  have  no  objections,  I  will  stay  here  to-night ;  I 
intend  to  leave  in  the  morning;"  and  I  believe  he  did,  at  that 
time,  leave  the  next  mornino^. 

Q.    Were  you  acquainted  with  J.  Wilkes  Booth  ? 

A.   Yes,  sir  :  I  have  met  him. 

Q.    Do  you  recollect  the  last  time  he  was  at  your  house  ? 

A.  Yes,  sir ;  he  was  there  on  Friday  or  Monday  —  I  do  not 
know  which  day  it  was.  I  did  not  see  him.  I  heard  he  had  been 
there. 

Q.    Did  your  mother  go  to  Surrattsville  that  day? 

A.    She  went  there  on  Friday,  the  day  of  the  assassination. 

Q.  Was  her  carriage  ordered,  or  not,  and  at  the  door  to  go  to 
Surrattsville,  2u  the  time  Mr.  Booth  called  ? 

A.  I  think  it  was.  I  heard  some  one  come  up  the  steps  just 
as  ma  was  ready  to  start  and  the  buggy  was  at  the  door.  I  had 
been  out,  and  when  I  came  in  I  found  ma  preparing  to  go  to  the 
country.     She  had  been  talking  about  it  during  the  day,  before 


THE     TRIAL.  499 

Booth  came,  and  perhaps  the  day  before.  She  said  she  was  obliged 
to  o-o  on  business  in  reo-ard  to  some  land. 

Q.    How  long  did  Mr.  Booth  remain  there  at  that  time  ? 

A.  But  a  very  few  minutes.  He  never  staid  very  long  when 
he  came. 

Q.  [Exhibiting  to  the  witness  the  picture  of  *' Morning,  Noon 
and  Night,"  already  in  evidence.]  Do  you  recognize  that  picture 
as  ever  having  belonged  to  you  ? 

A.   Yes,  sir. 

Q.    Was  it  your  picture  ? 

A.   Yes,  sir  :  it  was  mine,  given  to  me  by  that  man  Weichmann. 

Q.    Was  any  other  picture  ever  attached  to  it  ? 

A.   I  put  one  of  J.  Wilkes  Booth  behind  it. 

Q.    What  was  your  object  in  doing  that  ? 

A.  I  went  one  day  with  Miss  Honora  Fitzpatrick  to  a  daguer- 
rean  gallery  to  get  her  picture  (she  had  had  it  taken  previously) ,  and 
we  saw  some  of  Mr.  Booth's  there ;  and  having  met  him  before, 
and  being  acquainted  with  him,  we  got  two  of  the  pictures  and  took 
them  home.  When  my  brother  saw  them,  he  told  me  to  tear  them 
up  and  throw  them  in  the  fire ;  and  that,  if  I  did  not,  he  would  take 
them  from  me ;  and  I  hid  them. 

Q.  Did  you  own  any  photographs  or  lithographs  of  the  leaders 
of  the  Bebellion,  —  Davis,  Stephens,  and  others  ? 

A.  Yes,  sir.  Davis,  Stephens,  Beauregard,  Stonewall  Jackson, 
and  perhaps  a  few  others. 

Q.    Where  did  you  get  these  ? 

A.  My  father  gave  them  to  me  before  his  death ;  and  I  prized 
them  on  his  account,  if  on  nobody  else's. 

Q.  Did  you  own  any  photographs  in  the  house  at  that  time,  of 
Union  generals  ? 

A.   Yes,  sir. 

Q.   Who  were  they? 

A.   General  McClellan,  General  Grant,  and  General  Joe  Hooker. 

Q.  Do  you  recollect  the  last  time  you  saw  your  brother  John 
H.  Surratt? 

A.  Yes,  sir. 


500  THE     TRIAL. 

Q.  How  long  was  tliat  before  the  assassination  of  President 
Lincoln  ? 

A.  The  Monday  after,  in  the  evening  or  night,  would  be  two 
weeks. 

Q.    Have  you  ever  seen  him  since  ? 

A.   No,  sir ;  I  have  never  seen  him  since. 

Q.    Was  he  on  friendly  terms  with  J.  Wilkes  Booth  ? 

A.  He  may  have  been.  Mr.  Booth  called  to  see  him  some- 
times. I  never  asked  him  what  his  friendship  was  to  Booth.  One 
day,  when  we  were  sitting  in  the  parlor,  Booth  came  up  the  steps, 
and  my  brother  said  he  beheved  that  man  was  cra2y,  and  he  wished 
he  would  attend  to  his  own  business  and  let  him  stay  at  home. 
He  told  me  not  to  leave  the  parlor ;  but  I  did  it. 

Assistant  Judge  Advocate  Burnett.  Miss  Surratt,  you  ought 
to  be  cautioned  here,  and  the  counsel  also,  that  the  statements  or 
conversations  of  Mr.  Surratt  or  Mr.  Booth  or  your  mother  are  not 
competent  testimony.  You  should  state- simply  what  was  done,  and 
not  give  the  statements  of  the  parties  ;  and  the  counsel  ought  not 
to  ask  for  such  statements. 

3Ir.  Aiken.  [To  the  witness.]  In  giving  your  evidence,  you 
wiU  avoid  giving  statements  that  you  heard  your  brother  make, 
and  the  language  he  used.  State  only  what  you  know,  as  far  as 
your  knowledge  goes. 

Q.  [By  Mr.  Aiken.]  Where  was  John  H.  Surratt,  your 
brother,  in  1861  ? 

A.   He  was  at  college. 

Q.    At  what  college  ? 

A.   At  St.  Charles  College,  near  EUicott's  Mills,  Md. 

Q.    Was  he  a  student  there  at  that  time  ? 

A.   Yes,  sir ;  but  not  a  student  of  divinity. 

Q.    He  was  not  a  student  of  divinity. 

A.   Xo,  sir. 

Q.    How  long  was  your  brother  at  that  college? 

A.  I  think  he  was  there  three  scholastic  years,  you  might  term 
them,  and  spent  his  vacations  at  home  in  August. 

Q.  During  the  time  he  was  not  spending  his  vacations  at  home, 
he  was  at  the  college  ? 


THE     TRIAL.  601 

A.   Yes,  sir. 

Q.  Did  you  at  any  time,  at  your  mother's  house,  on  any  occa- 
sion, ever  hear  a  word  breathed  as  to  any  plot  or  plan  or  conspiracy 
in  existence  to  assassinate  the  President  of  the  United  States  ? 

A.   No,  sir. 

Q.  Did  you  ever  hear  any  remarks  made  with  reference  to  the 
assassination  of  any  member  of  the  Government  ? 

A.    No,  sir. 

Q.  Did  you  ever  hear  discussed  by  any  member  of  the  family, 
at  any  time  or  in  any  place,  any  plan  or  conspiracy  to  capture  the 
President  of  the  United  States  'i 

A.    No,  sir ;  I  did  not. 

By  Mr.  Ewing  : 

Q.    What  year  did  your  brother  leave  the  college  ? 

A.  In  1861,  to  the  best  of  my  knowledge,  or  1862,  the  year 
my  father  died. 

Q.  During  what  years  were  you  yourself  at  school  at  Bryan- 
town  ? 

A.  I  was  there  from  1854  until  the  year  1861.  I  left  on  the 
16th  day  of  July. 

Q.  Did  you  ever  see  Dr.  Samuel  ]Mudd  at  your  mother's  house 
in  Washington  ? 

A.   No,  sir. 

Q.  Is  Sujrattsville,  where  you  formerly  resided,  on  the  road 
between  Washington  and  Bryantown  ? 

A.  Yes,  sir. 

Somerset  Laman, 

a  witness  called  for  the  accused,  George  A.  Atzerodt,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Doster  : 

Q.  State  whether  you  know  the  prisoner  Atzerodt. 

A.  I  do. 

Q.  How  long  have  you  known  him  ? 

A.  I  have  known  him  ever  since  he  was  a  boy. 


502  THE     TRIAL. 

Q.  Were  you  at  the  house  of  Mr.  Hezekiah  Metz  on  the  Sun- 
day morning  following  the  assassination  of  the  President  ? 

A.   I  was. 

Q.    Did  you  see  the  prisoner,  Atzerodt,  there  ? 

A.   Yes,  sir. 

Q.    Did  you  have  a  conversation  with  him  ? 

A.   Yes,  sir.     I  had  some  conversation  with  him. 

Q.    State  what  that  conversation  was. 

A.  I  met  with  Mr.  Atzerodt  at  Mr.  Metz's,  I  suppose  between 
eleven  and  twelve  o'clock  on  the  sabbath  after  this  aflfair  had  oc- 
curred; and,  as  I  approached  Mr.  Atzerodt,  I  said  to  him,  "Are 
you  the  man  that  killed  Abe  Lincoln  ?  "  I  said  it  in  a  joke. 
Said  he,  "  Yes,"  and  laughed.  Said  I,  "Well,  Andrew,"  — he 
went  by  the  name  of  Andrew  there,  his  christened  name,  —  "I 
want  to  know  the  truth  of  it ;  is  it  so  ?  There  is  an  excitement 
in  the  neio-hborhood  on  account  of  hearins:  this?" 

Q.    Is  what  so  ?     Did  you  ask  him  ? 

A.  Was  the  President  assassinated?  and  he  said,  "Yes,  it  is 
so  :  he  died  yesterday  evening  about  three  o'clock."  That  was 
about  all  that  was  said  about  the  President.  I  went  on  then  ask- 
ing him  whether  it  was  so  about  Mr.  Seward  and  his  sons  being 
stabbed.  We  had  heard  that  Mr.  Seward's  throat  was  cut,  and 
that  two  of  his  sons  were  stabbed  ;  and  I  asked  him  the  question 
whether  it  was  really  so  or  not.  Said  he,  "  Yes  :  Mr.  Seward  was 
stabbed,  or  rather  cut  at  the  throat,  but  not  killed  ;  'and  two  of  his 
sons  were  stabbed.  Then  I  asked  him  whether  the  news  was  cor- 
rect about  General  Grant.  We  had  heard  that  General  Grant  was 
assassinated  at  the  same  time  on  the  same  night.  He  said,  "  No  : 
I  do  not  know  whether  that  is  so  or  not.  I  do  not  suppose  it  is  so. 
If  it  had  been  so,  I  would  have  heard  it."  That  passed  off  then, 
and  dinner  was  called  for.  We  went  in  to  dinner ;  and,  while  we 
were  sitting  at  the  dinner-table,  my  brother  asked  him  the  question 
again  whether  General  Grant  was  killed  or  not ;  and  he  said,  "No: 
I  do  not  suppose  he  was.  If  he  was  killed,  he  must  have  been 
killed  by  a  man  that  got  on  the  same  train  or  the  same  car"  — 
I  do  not  remember  which  of  the  two  —  "  that  he  did."  That  was 
about  the  amount  of  the  conversation  as  it  passed  him  and  me  or  in 


THE     TRIAL.  603 

my  presence.     I  was  not  in  his  company  more  than  half  an  hour,  I 
suppose,  at  the  outside. 

Q.  Did  you  at  any  time  during  that  day  hear  him  say,  that,  if 
the  man  followed  Greneral  Grant  who  was  to  have  followed  him,  he 
would  have  been  killed  ? 

A.   No,  sir  :  I  did  not  hear  him  say  so. 

Q.  You  understood  him  to  say  that  anybody  who  wanted  to  kill 
General  Grant  must  have  got  on  the  same  car  with  him  ? 

A.  I  will  repeat  the  words  :  he  said,  "  If  General  Grant  was 
killed,  it  must  have  been  by  a  man  that  got  on  the  same  car  or  the 
same  train  "  —  I  do  not  remember  which  one  of  the  two  words  he 
made  use  of —  "  that  General  Grant  got  on."  That  was  about  the 
conversation  as  I  heard  it. 

Q.  Was  or  was  not  the  prisoner  during  that  day  excited  ?  Did 
he  seem  to  be  in  an  excited  condition  ? 

A.  I  thought  he  was  confused,  or  rather  appeared  so  at  the  din- 
ner-table. There  was  one  thing  that  I  supposed  confused  the  man  : 
I  did  not  dream  of  such  a  thing  as  that  he  would  have  a  hand 
in  — 

Assistant  Judge  Advocate  Bingham.  You  need  not  state 
what  you  dreamed. 

The  Witness.  I  was  going  to  say  this :  that  the  young  lady 
to  whom  he  has  been  paying  his  addresses  — 

Assistant  Judge  Advocate  Burnett.  You  need  not  state 
your  suppositions. 

Assistant  Judge  Advocate  Bingham.  Nor  any  thing  about 
his  courtship. 

Assistant  Judge  Advocate  Burnett.  State  what  took  place 
there  simply. 

By  Mr.  Doster  : 

Q.  Was  he  or  was  he  not  paying  his  addresses  to  the  daughter 
of  Mr.  Metz? 

A.   Yes,  sir  :  he  had  been. 

Q.  Was  she  or  was  she  not  showing  him  the  cold  shoulder  on 
that  day  ? 

A.   It  appeared  so  in  my  presence. 


504  THE     TRIAL. 

Q.  And  he  was  down  in  the  mouth,  as  they  say,  in  conse- 
quence ? 

A.  I  think  so.  AVhether  that  was  it,  or  any  thing  else,  I  cannot 
say,  I  am  sure. 

Q.  What  was  the  general  reputation  of  the  prisoner  in  that 
neighborhood,  as  regards  character  ? 

A.  He  was  a  man  who  was  visitino-  among  the  neio-hhors  there  ; 
visiting  respectable  people  in  the  neighborhood,  —  Mr.  Nichols  and 
others,  who  were  respectable  people  there.  I  do  not  know  any 
thin  or  more  about  him,  because  I  have  not  been  in  the  neiohborhood 
a  great  while,  and  he  has  been  out  of  it  for  some  time.  His  father 
settled  there  when  quite  a  boy,  and  then  moved  away ;  and  I  had 
not  seen  him  for  several  years  previous  to  the  last  year  or  two. 

Q.  Were  you  with  the  prisoner  all  the  time  that  he  was  talking 
with  Mr.  Metz  during  that  day  ? 

A.   No,  sir  :  I  was  not. 

Q.  But  at  the  dinner-table  he  could  not  have  made  any  remark 
to  Mr.  Metz  without  your  hearing  it  ? 

A.  No,  sir;  I  suppose  not.  My  brother  was  sitting  between 
jyir.  Atzerodt  and  myself. 

Cross-examined  by  Assistant  Judge  Advocate  Burxett  : 

Q.  Did  you  have  any  other  talk  with  Atzerodt  on  that  day  ? 

A.  No,  sir. 

Q.  Did  you  walk  with  him  from  the  house  down  to  the  stable  ? 

A.  No,  sir  :  that  was  my  brother. 

Jaimes  F.  Leaman, 

a  witness  called  for  the  accused,  George  A.  Atzerodt,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Doster  : 

Q.    Do  you  know  the  prisoner  at  the  bar,  Atzerodt  ? 
A.   Yes,  sir. 

Q.    How  long  have  you  known  him  ? 

A.   I  have  known  him  for  some  eighteen  months  or  two  years. 
Q.    Were  you  at  the  house  of  Mr.  Hezekiah  Metz  on  the  Sun- 
day succeeding  the  assassination  ? 


THE     TRIAL.  505 

A.  Yes,  sir  :  I  was. 

Q.  Did  you  have  a  conversation  there  with  the  prisoner  Atze- 
rodt? 

A.   Yes,  sir. 

Q.  You  joined  in  a  conversation  that  was  held  there  in  which 
the  prisoner  took  part  ? 

A.   Yes,  sir. 

Q.  State  what  that  conversation  was,  as  near  as  you  can  re- 
member. 

A.  I  broached  the  subject  about  General  Grrant  being  assassi- 
nated ;  and  I  asked  him  the  question  whether  it  was  so  or  not.  He 
said  he  did  not  suppose  it  was  so  ;  and  he  then  said,  "If  it  is  so, 
some  one  must  have  got  on  the  same  train  of  cars  that  he  did." 
That  was  all  the  conversation  that  I  had  with  him,  with  the  excep- 
tion, that,  when  he  and  I  were  out  in  the  yard,  he  said  — 

Mr.  Doster.  That  is  unnecessary  :  you  need  not  state  what  he 
said  in  the  yard. 

By  Assistant  Judge  Advocate  Burnett  : 

Q.    Go  on  and  state  what  he  said  to  you  in  the  yard. 

A.  He  said.  Oh,  my  !  what  a  trouble  I  see  !  "  I  said  to  him, 
"  Whj,  what  have  you  to  trouble  you  ?  "  Said  he,  "  More  than  I 
will  ever  get  shut  of." 

By  Mr.  Doster  : 

Q.  That  was  immediately  after  you  had  been  speaking  of  the 
assassination,  was  it  ? 

A.   No,  sir ;  some  time  afterwards.     I  took  it  for  gi-anted  — 

Assistant  Judge  Advocate  Burnett.  You  need  not  state 
what  you  took  for  granted  ;  give  the  words,  and  nothing  else. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.    What  more  did  he  say? 

A.   That  was  about  all  he  said  at  that  time. 

By  Mr.  Doster  : 

Q.    Do  you  know  whether  or  not  he  was  going  to  see  the  daugh- 
ter of  Mr.  Metz  about  that  same  time  ? 
VOL.  II.  43 


506  THE     TRIAL. 

A.  lie  had  been  paying  his  addresses  to  Mr.  Metz's  daughter ; 
but  she  had  sort  of  slighted  him  in  some  way :  I  do  not  know 
what. 

Q.    She  had  shghted  him  on  that  Sunday  ? 

A.   Yes,  sir. 

Q.  And  she  had  shghted  him  just  before  he  went  out  in  the 
yard,  and  told  you  that  he  had  more  trouble  than  he  could  ever  get 
shut  of? 

A.  It  was  about  that  time  :  I  cannot  say  that  it  was  that  time 
exactly. 

Samuel  McAllister, 

recalled  for  the  accused,  George  A.  Atzerodt. 

By  Mr.  Doster  : 

Q.    Do  you  or  not  know  the  prisoner  at  the  bar,  Atzerodt  ? 

A.  Yes,  su*. 

Q.    How  long  have  you  known  him  ? 

A.   I  have  known  him  since  March. 

Q.    Of  this  year  ? 

A.   Yes,  sir. 

Q.  State  whether  or  not  the  prisoner  at  the  bar,  Atzerodt,  called 
at  your  house  on  the  evening  of  the  14th  of  April. 

A.  Yes,  sir  :  he  called  on  the  evening  of  the  14th  of  April,  at 
about  ten  o'clock.  He  rode  up  to  the  door,  and  .called  the  black 
boy  out  to  hold  his  horse. 

Q.    Do  you  know  precisely  what  time  it  was  ? 

A.  No,  sir ;  not  exactly  :  somewhere  in  the  neighborhood  of 
ten  o'clock. 

Q.    Did  you  notice  whether  he  was  excited  or  not  ? 

A.   I  did  not :  I  did  not  take  particular  notice  of  him. 

Q.    Do  you  know  any  thing  about  his  reputation  for  courage  ? 

Assistant  Judge  Advocate  Bingham.  I  object  to  that :  I  do 
not  think  we  are  going  to  try  his  character  for  courage. 

Mr.  Doster.  May  it  please  the  Court,  I  intend  to  show  that 
this  man  is  a  constitutional  coward ;  that,  if  he  had  been  assigned 
the  duty  of  assassinating  the  Vice-President,  he  never  could  have 


THE     TRIAL.  507 

done  it ;  and  that,  from  liis  known  cowardice,  Booth  probably  did 
not  assign  him  to  any  such  duty.  Certainly  it  is  just  as  relevant 
as  any  thing  can  be. 

Assistant  Judge  Advocate  Bingham.  If  the  counsel  wishes 
to  prove  that  the  prisoner  Atzerodt  is  a  coward,  I  will  withdraw 
my  objection. 

Q.  [By  Mr.  Boster.]  What  do  you  know  of  the  prisoner 
Atzerodt  being  a  coward  or  a  brave  man  ? 

A.   Nothing  but  what  I  have  heard  from  other  persons. 

Q.  What  have  you  heard  ?  What  do  you  know  of  his  general 
reputation  of  being  a  coward  ? 

K.  I  have  heard  men  say  that  he  would  not  resent  an  insult. 
That  is  about  all  I  know  about  it. 

Washington  Briscoe, 
recalled  for  the  accused,  George  A.  Atzerodt :  — 

By  Mr.  Poster  : 

Q.  How  long  have  you  known  the  prisoner  Atzerodt  ? 

A.  Six  or  seven  years. 

Q.  Bid  you  or  not  know  him  at  Port  Tobacco  ? 

A.  Yes,  sir. 

Q.  What  is  his  reputation  there  for  bravery  ? 

A.  He  was  always  called  a  man  of  not  much  courage. 

Q.  Was  he  or  was  he  not  considered  remarkable  for  cowardice  ? 

A.  Yes,  sir;  he  was. 

Q.  Bid  you  ever  hear  anybody  make  any  special  remark  in  ref- 
erence to  his  cowardice  ? 

A.  No,  sir ;  I  cannot  say  that  I  ever  did. 

James  Kelleher, 

a  witness  called  for  the  accused,  George  A.  Atzerodt,  being  duly 
sworn,  testified  as  follows  : 

By  Mr.  Boster  :  — - 

Q.  State  whether  or  not  you  are  the  proprietor  of  the  livery 
stable  at  Eighth  and  E  Streets. 


608  THE     TRIAL. 

A.   I  am  one  of  the  proprietors. 

Q.    Have  you,  or  not,  seen  the  prisoner,  Atzerodt,  before  ? 

A.  I  saw  him  at  the  stables  once.  That  is  the  man  [pointing 
to  the  prisoner,  George  A.  Atzerodt]. 

Q.  State  whether  or  not  you  let  Atzerodt  have  a  horse  on  the 
14th  of  last  April  out  of  your  stable. 

A.   I  did. 

Q.    Describe  that  horse. 

A.   It  was  a  small  bay  mare,  about  sixteen  and  a  half  hands  high. 

Q.    At  what  time  did  he  get  the  horse  ? 

A.  To  the  best  of  my  knowledge,  at  half-past  two  o'clock  in  the 
day.  Our  clock  had  stopped,  and  Dr.  Lilley,  a  physician  who  stops 
at  my  stable,  came  up  and  gave  me  the  time  of  day. 

Q.  When  Atzerodt  engaged  the  horse,  did  you  have  a  conversa- 
tion with  him  ? 

A.   Yes,  sir. 

Q.    State  what  that  conversation  was. 

Assistant  Judge  Advocate  Burnett  objected  to  the  question 
as  incompetent. 

The  question  was  waived. 

By  Mr.  Doster  : 

Q.    Did  the  prisoner  write  his  name  on  a  slate  there? 

A.  He  did. 

Q.    Have  you  got  that  slate  with  you? 

A.  I  had  that  slate,  but  I  think  my  partner  took  off  the  con- 
tents of  the  slate  a  few  days  afterwards. 

Q.    Did  he  write  that  in  a  large  or  small  band  ? 

A.  He  had  written  it  in  a  tolerable  good  hand.  I  had  com- 
menced to  write  it  myself,  but  by  some  means  or  other  I  was  called 
off,  and  he  wrote  it. 

Q.    Did  he  or  not  hesitate  to  put  down  his  name  ? 

A.    He  did  not. 

Q.    Did  you  require  of  him  any  references? 

A.  I  did. 

Q.    Did  he  give  any  ? 

A.  Yes,  sir. 


THE     TRIAL.  509 

Q.    Did  he  give  them  willingly  ? 

A.   He  did. 

Q.    Who  did  he  give  ? 

A.   A  number  of  persons  in  Maryland. 

Q.    Did  he  give  any  in  Washington  ? 

A.  He  gave  some  in  Maryland  first.  During  the  conversation 
I  traced  him  to  Port  Tobacco.  I  asked  him  who  he  knew  in  Port 
Tobacco.  He  said  he  knew  a  good  many  persons  there,  and  that 
he  was  a  coach-maker  by  trade. 

Q.    Do  you  remember  any  names  that  he  gave  in  Port  Tobacco  ? 

A.   I  do  not. 

Q.    Do  you  remember  any  names  given  in  Washington? 

A.   Yes,  sir  ;  John  Cook  was  one. 

Q.    Where  does  John  Cook  live  ? 

A.   Right  opposite  me. 

Q.    Did  you  go  to  John  Cook  and  inquire  about  Atzerodt? 

A.   Yes,  sir ;  I  did. 

Q.    When  was  that  horse  returned  ? 

A.  I  cannot  say  at  what  hour  it  was  returned,  because  I  did  not 
stay  there  to  see  it  returned ;  but  the  horse  was  not  there,  to  the 
best  of  my  knowledge,  between  nine  and  half-past  nine  o'clock  that 
night.  I  hired  it  out  myself.  I  never  allow  anybody  else  to  hire 
out  the  horses  but  myself  or  my  partner. 

Q.    Did  or  did  not  the  prisoner  pay  you  for  the  horse  ? 

A.   He  did  ;  he  paid  me  five  dollars. 

Q.    Did  you  see  his  purse  or  pocket-book  ? 

A.  I  did  not  notice  it. 

Cross-examined  by  Assistant  Judge  Advocate  Burnett  : 

Q.    At  what  time  was  the  horse  returned  ? 

A.   That  I  cannot  say,  because  I  was  not  there. 

Q.  The  horse  was  there  the  next  morning,  when  you  came  to 
the  stable  ? 

A.    Yes,  sir. 

Q.  Can  you  think  of  any  of  those  names  that  he  referred  to  in 
the  country  ? 

A.   Yes,  sir.     I  asked  him  if  he  knew  any  parties  in  Port  To- 

43* 


510  THE     TRIAL. 

bacco.  He  said  that  he  did,  and  he  told  me  that  he  was  a  coach- 
maker  by  trade. 

Q.  You  need  not  give  the  conversation,  but  name  the  persons 
that  he  spoke  of  anywhere  in  the  country. 

A.   Stanley  Higgins  was  one,  I  know. 

Q.    Who  else? 

A.   Then  I  traced  him  — 

Q.    I  do  not  care  about  your  tracing,  but  who  else  did  he  name? 

A.   I  traced  him  to  Bryan  town. 

Q.    Can  you  think  who  he  named  there  ? 

A.   No,  sir ;  I  cannot. 

Q.    Have  you  given  all  you  can  think  of  here  in  the  city  ? 

A.  I  have  given  John  Cook.  He  gave  several  others  on  the 
Avenue,  but  I  disremember  who  they  were. 

Q.   You  do  not  remember  who  he  named  at  Bryantown  ? 

A.  No,  sir  ;  I  do  not  know  whether  he  named  anybody  at  Bry- 
antown pai-ticularly,  as  I  had  occasion  to  go  there  frequently. 

Samuel  Smith, 

a  witness  called  for  the  accused,  George  A.  Atzerodt,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Doster  : 

Q.  State  whether  or  not  you  are  the  stable-boy  at  Mr.  Kelleher's 
stable  on  Eighth  and  E  Streets. 

A.   Yes,  sir ;  I  am. 

Q.    Have  you  ever  seen  the  prisoner  at  the  bar,  Atzerodt  ? 

A.   No,  sir. 

Q.    Were  you  not  in  the  stable  on  the  night  of  the  14th  of  April  ? 

A.  Yes,  sir. 

Q.    Did  you  or  not  see  the  man  that  brought  the  bay  mare  back  ? 

A.   I  did  not  take  particular  notice  of  him. 

Q.  The  bay  mare  that  had  been  let  out  at  about  two  o'clock  in 
the  afternoon  was  returned  there  in  the  course  of  the  evening  ? 

A.  Yes,  sir. 

Q.    Will  you  state  what  time  it  was  ? 

A.  To  the  best  of  my  knowledge,  it  was  eleven  o'clock. 


THE     TRIAL.  511 

Q.  Did  you  notice  the  time  ? 

A.  We  have  got  a  clock  there,  but  it  is  not  going. 

Q.  In  what  condition  was  this  mare  when  he  brought  her  in  ? 

A.  Very  much  the  same  condition  as  when  she  went  out. 

Q.  Did  she  look  as  though  she  had  been  ridden  hard  ? 

A.  No,  sir  ;  not  exactly. 

Q.  Was  there  any  foam  on  her  ? 

A.  No,  sir. 

Q.  Did  you  or  not  have  a  light  in  the  stable  when  the  man 
returned  ? 

A.  Yes,  sir  ;  a  small  light.  We  keep  the  light  dim  at  night ; 
"we  do  not  keep  it  very  large. 

Q.  Did  the  man  that  brought  her  back  say  any  thing  to  you  ? 

A.  No,  sir. 

Q.  But  you  think  it  was  eleven  o'clock  ? 

A.  Yes,  sir ;  to  the  best  of  my  knowledge. 

Cross-examined  by  Assistant  Judge  Advocate  Burnett  : 

Q.    You  saw  the  man  who  brought  the  mare  back  as  he  rode  in  ? 

A.    He  did  not  ride  into  the  stable, 

Q.    Did  he  lead  her  into  the  stable  ? 

A.  He  stopped  outside  of  the  door,  and  I  went  out  there  and 
brought  her  in. 

Q.    Was  there  any  light  on  the  sidewalk  ? 

A.    No,  sir. 

Q.  You  did  not,  then,  have  a  chance  to  see  the  person  who 
brought  the  mai'e  back  ? 

A.    No,  sir. 

Q.    Was  there  any  light  in  the  stable  ? 

A.    There  was  a  light  there,  but  it  was  very  dim. 

Q.    How  dim  was  it  ?     Could  you  recognize  any  person  ? 

A.   No,  sir. 

Q.  How,  then,  could  you  tell  that  the  mare  had  not  been  hardly 
ridden  'I 

A.   By  feeling  her  I  supposed  she  had  not  been  ridden  very  hard. 

Q.    You  could  not  tell ;  you  did  not*  see  her  ? 

A.   I  did  not  examine  her  close. 


512  THE     TRIAL. 

Q.   It  was  only  your  supposition,  then,  that  she  had  not  been 
ridden  very  hard  ? 
A.  Yes,  sir. 

By  Mr.  Doster  : 

Q.    Did  you  have  a  light  inside  the  stable  ? 

A.  Yes,  sir. 

Q.    Did  you  bring  the  mare  in  under  the  light  afterwards  ? 

A.   I  brought  her  in  under  a  very  dim  light. 

Q.  You  can  generally  tell  when  a  horse  is  brought  in,  by  feeling 
it,  whether  it  has  been  ridden  hard  or  not,  without  any  light  at  all, 
can  you  ? 

A.  I  can,  sir. 

Samuel  McAllister, 

recalled  for  the  accused,  George  A.  Atzerodt :  — 
By  Mr.  Doster  : 

Q.  Did  you  ever,  during  the  month  of  April,  see  arms  in  th© 
possession  of  Atzerodt  ? 

A.  Yes,  sir. 

Q.   What  were  they  ? 

A.  A  pistol  and  dirk. 

Q.   Did  he  or  not  give  them  to  you  to  keep  for  some  time  ? 

A.   Yes,  sir ;  they  were  in  the  desk. 

Q.    Do  you  think  you  would  recognize  them  ? 

A.  I  do  not  know  that  I  would.  The  pistol  was  a  new  one, 
a  six-barrelled  revolver.  I  think  I  would  recognize  the  knife  if  I 
saw  it. 

Q.  [Exhibiting  to  the  witness  the  knife  found  at  the  Kirk  wood 
House.]     Look  at  that  knife,  and  see  if  that  is  the  one  you  kept. 

A.   No,  sir  ;  that  is  not  the  knife  ;  it  was  in  a  black  sheath. 

Q.  [  Exhibiting  to  the  witness  the  pistol  found  at  the  Kirkwood 
House.]  Was  the  pistol  that  you  kept  for  Atzerodt  any  thing  like 
that  one  ? 

A.   No,  sir ;  that  is  not  the  pistol. 

Q.  [  Exhibiting  to  the  witness  the  pistol  identified  by  John  Cald- 
well, who  loaned  Atzerodt  ten  dollars  upon  it.]  Look  at  that  pis- 
tol, and  say  whether  that  is  the  one  you  saw  Atzerodt  have. 


THE     TRIAL.  513 

A.   I  could  not  tell  now,  but  it  looks  a  good  deal  like  it. 

Q.  [Exhibiting  to  tbe  witness  the  knife  found  near  Ninth  and  F 
Streets  on  the  morning  of  the  15th  of  April.]  Does  that  look  like 
the  knife  you  kept  for  Atzerodt  ? 

A.  Yes,  sir :  that  looks  very  much  like  the  knife  ;  it  was  a  knife 
of  that  description. 

Q.  [Exhibiting  to  the  witness  the  black  coat  found  at  the  Kirk- 
wood  House.]  Look  at  that  coat,  and  state  whether  you  ever  saw  it 
on  the  prisoner,  Atzercdt. 

A.  Never.  He  never  wore  a  coat  of  that  kind,  to  my  knowledge. 
He  used  to  wear  a  dark-gray  coat. 

Q.  Look  at  the  prisoner  at  the  bar,  Atzerodt,  and  say  whether 
you  ever  saw  him  have  on  different  clothing  from  that  which  he  is 
now  wearing. 

A.  That  is  the  same  clothing  he  had  on  when  he  was  at  our 
place. 

Q.    The  same  suit  ? 

A.  The  same  suit.  He  also  had  a  light,  loose  gray  overcoat, 
which  he  bought  on  the  Avenue  a  few  days  before  this  thing  occurred, 
on  the  12th  or  13th  of  April.  I  cannot  remember  the  time  he 
bought  it. 

Jane  Herold, 

a  witness  called  for  the  accused,  George  A.  Atzerodt,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Doster  : 

Q.  Will  you  be  good  enough  to  state  whether  or  not  you  are  the 
sister  of  the  prisoner  at  the  bar,  David  E.  Herold  ? 

A.   I  am. 

Q.  [Exhibiting  to  the  witness  the  black  coat  found  at  the  Kirk- 
wood  House.]  Will  you  be  kind  enough  to  look  at  that  coat,  and 
say  whether  you  ever  saw  it  in  the  possession  of  your  brother  ? 

A.    No,  sir ;   I  think  not. 

Q.  [Exhibiting  to  the  witness  a  handkerchief  marked  with  the 
letter  H,  and  found  at  the  Kirk  wood  House.]  Look  at  that  hand- 
kerchief, and  say  whether  it  belongs  to  your  brother. 

A.   No,  sir ;  it  does  not. 


514  THE     TRIAL. 

Captain  Frank  Monroe,  U.S.N. , 

a  witness  called  for  the  accused,  George  A.  Atzerodt,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Doster  : 

Q.    State  to  the  Court  whether  or  not  you  had  the  custody  of  the 
prisoners  at  the  bar  subsequent  to  their  arrest. 
A.   Yes,  sir. 
Q.    Where  was  this  ? 
A.   On  board  the  monitors  Saugus  and  Montauk. 

Mr.  Doster.  Before  I  go  any  further  with  the  examination  of 
this  witness,  I  beg  to  submit  an  application  of  the  prisoner  in  writ- 
ing:— 

"  The  prisoner  Atzerodt,  by  his  counsel "  — 

Assistant  Judge  Adtocate  Bingham.  Let  us  see  what  it  is 
before  you  read  it. 

Mr.  Doster.  It  is  merely  a  request  of  the  prisoner,  Atzerodt, 
through  his  counsel,  as  you  will  hear. 

Assistant  Judge  Advocate  Burnett.  Let  us  see  it  before  it  is 
read  to  the  Court. 

Mr.  Doster  submitted  the  paper  to  the  Judge  Advocate,  who, 
after  examining  it,  said,  — 

If  the  Court  please,  this  is  a  simple  proposition,  as  I  understand 
it,  on  the  part  of  the  prisoner,  Atzerodt,  that  his  confessions  made 
to  the  witness  shall  be  heard  by  this  Court  as  testimony  in  his 
favor,  —  confessions  in  regard  to  which  no  evidence  whatever  has 
been  introduced  by  the  Government.  The  matter  is  too  plain  for 
discussion.  Certainly  I  cannot  understand  on  what  ground  such  an 
application  can  be  urged. 

Mr.  Doster.  The  only  grounds  upon  which  it  can  be  urged  are 
stated  in  the  paper.  It  is  done  simply  because  the  prisoner  desires 
to  make  a  full  statement  of  his  guilt  in  this  transaction,  if  there  is 
any  guilt,  and  of  his  innocence,  as  fai'  as  there  is  any  evidence 
of  it. 

The  Judge  Advocate.  He  can  do  that  in  the  presentation  of  his 
case  to  the  Court. 


THE     TRIAL.  515 

Assistant  Judge  Advocate  Bingham.  He  proposes  now  to  make 
himself  a  witness.     That  is  the  trouble. 

Mr.  Doster.  He  asks  it  also  because  he  has  been  debarred  from 
calling  any  of  the  other  prisoners,  who  might  be  his  witnesses,  for 
the  reason  that  they  are  joined  as  co-defendants.  He  asks,  there- 
fore, that,  through  Captain  Monroe,  he  may  be  allowed  to  speak,  as 
he  would  otherwise  speak  through  one  of  these  co-defendants. 

The  Judge  Advocate.  They  would  be  precluded  just  as  much 
as  this  witness  is  from  speaking  in  regard  to  this  matter,  because  it 
is  incompetent. 

Mr.  Doster.  I  am  very  well  aware  that  the  rule  of  law  is  against 
me.  I  ask  it  entirely  as  a  matter  of  fairness  and  liberahty,  appeal- 
ing solely  to  the  liberality  of  the  Court. 

The  Judge  Advocate.  It  is  greatly  to  be  deplored  that  the  coun- 
sel will  urge  upon  the  Court  propositions  which  they  know  to  be 
contrary  to  law.  We  have  no  time  to  devote  to  the  discussion  of 
such  propositions. 

Mr.  Doster.    I  have  no  more  to  ask  the  witness,  then. 

There  being  no  further  witnesses  for  the  defence  in  attendance, 
the  Commission  adjourned  until  to-morrow,  Wednesday,  May  31,  at 
ten  o'clock,  a.m. 


Wednesday,  May  31,  1865. 

The  Court  met  at  the  usual  hour,  and  examined  witnesses  as 
follows :  — 

Hartman  Richter, 

a  witness  called  for  the  accused,  George  A.  Atzerodt,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Doster  : 

Q.    State  whether  you  are  or  not  the  cousin  of  the   prisoner, 
Atzerodt. 

A.    Yes,  sir ;  I  am. 

Q.    Where  do  you  live  ? 

A.   In  Montgomery  County,  Md. 


516  THE     TRIAL. 

Q.  State  wtetlier  or  not  the  prisoner,  Atzerodt,  came  to  your 
house  subsequent  to  the  assassination  of  the  President. 

A.   He  did  come  there  on  Sunday  evening. 

Q.    About  what  time  ? 

A.   Between  two  and  three  o'clock. 

Q.    Did  you  meet  him  first  at  the  house  ? 

A.  No,  sir;  I  met  him  in  the  morning  on  my  road  going  to 
church. 

Q.    Did  you  notice  any  thing  peculiar  about  his  appearance  ? 

A.  No,  sir ;  I  did  not.  He  looked  as  he  always  did  when  he 
came  to  see  me. 

Q.    Did  you  have  any  conversation  with  him  ? 

A.    Not  much  at  that  time. 

Q.    How  long  did  he  remain  at  your  house  then  ? 

A.  He  remained  from  Sunday  evening  until  Thursday  morning, 
between  three  and  four  o'clock. 

Q.    How  did  he  occupy  himself  at  that  time  ? 

A.   Very  well. 

Q.    What  did  he  do? 

A.  He  walked  about,  worked  in  the  garden  a  little,  went  about 
to  the  neighbors. 

Q.    Did  he  make  any  attempt  to  go  away  ? 

A.   No,  sir ;  he  did  not. 

Q.    Did  he  attempt  to  hide  himself? 

A.  No,  sir. 

Q.    Did  he  keep  within  the  house  all  the  time  ? 

A.   Yes,  sir :  when  he  was  there  he  was  with  me  in  the  house. 

Q.    Did  he  keep  within  the  door  all  the  time  ? 

A.   No,  sir. 

Q.    Were  you  present  at  his  an-est  ? 

A.   Just  a  little  while  on  the  gunboat  I  was  with  him. 

Q.    When  he  was  arrested  in  the  house  were  you  with  him  ? 

A.  When  he  was  arrested  in  the  house  he  was  up  stairs,  and  I 
was  down  stairs. 

Q.    Did  he  hesitate  to  go  along,  or  refuse  to  be  arrested  ? 

A.  He  was  very  willing  to  go  with  them  when  they  asked 
him. 


THE     TRIAL.  517 

Q.  Do  you  know  wbetlier  he  was  in  possession  of  large  quantities 
of  money? 

A.    No,  sir ;  I  do  not. 

Q.    Do  you  know  any  thing  about  his  reputation  for  courage  ? 

A.   No,  sir. 

Q.  Did  the  prisoner,  Atzerodt,  have  an  overcoat  on  at  the  time 
he  came  to  your  house  ? 

A.  He  had  on  an  overcoat  when  he  came  to  my  house.  When 
I  met  him  in  the  morning  he  had  the  overcoat  hanging  on  his  arm, 
and  when  he  came  to  my  house  he  had  it  on. 

Q.    What  kind  of  an  overcoat  was  it  ? 

A.   A  sort  of  gray-looking  overcoat. 

Mr.  Doster  then  called  for  several  witnesses  who  had  been 
summoned  on  behalf  of  George  A.  Atzerodt,  but  none  of  them 
appeared. 

The  President.  If  there  are  no  other  witnesses,  I  shall  move 
that  the  Court  adjourn. 

Mr.  Doster.  If  the  Court  please,  I  have  summoned  a  great 
many  witnesses  for  Atzerodt,  but  it  seems  they  are  not  here ;  ;ind 
consequently,  in  order  to  go  on  with  the  defence,  I  shall  be  obliged 
to  call  some  of  the  witnesses  for  Payne.  I  had  intended  to  present 
them  in  a  certain  order  to  the  Court,  and  I  therefore  desire  that  they 
should  all  be  here  before  I  present  any.  If,  however,  the  Court 
insist  on  it,  I  shall  have  to  proceed  with  those  who  are  here.  To 
explain  why  I  wish  to  proceed  with  Payne's  witnesses  in  a  certain 
order,  I  will  state  that  I  intended  to  set  up  the  plea  of  insanity, 
and  in  setting  up  that  plea,  I  desired  to  commence  with  his  disposi- 
tion from  youth ;  and  I  was  therefore  compelled  to  summon  friends 
and  relations  of  his  living  several  thousand  miles  away  from  here. 
They  have  not  yet  arrived,  and  I  cannot  therefore  now  present  them 
to  the  Court. 

Mr.  Ewing.    I  believe  there  are  some  witnesses  present  on  the 

part  of  Arnold,  and,  if  the  Court  please,  I  will  proceed  with  them. 

The  President.    Very  well. 
VOL.  II.  44 


518  the   trial, 

William  S.  Arnold, 

a  witness  called  for  the  prisoner,  Samuel  Arnold,  being  duly  sworn, 
testified  as  follows  :  — 

By  Mr.  Ewing  : 

Q.  Will  you  state  what  relation  you  are  to  the  prisoner,  Samuel 
Arnold  ? 

K.   I  am  his  brother. 

Q.    State  where  you  live. 

A.   Hookstown,  Baltimore  County,  Md. 

Q.  State  what  you  know,  if  any  thing,  as  to  his  whereabouts 
from  the  20th  of  March  to  the  1st  of  April. 

A.  From  the  21st  of  March  up  to  Saturday,  the  25th,  he  was 
with  me  in  the  country. 

Q.    At  Hookstown  ? 

A.  Yes,  sir.  We  went  into  Baltimore  on  Saturday  evening,  the 
25th,  and  returned  to  the  country  again  on  Sunday,  the  26th.  We 
came  again  into  town  either  on  Tuesday  or  Wednesday.  I  went  to 
the  country  again,  and  came  in  on  Friday  night.  He  went  out 
with  me  on  the  1st  of  April,  and  in  the  afternoon  he  went  to  For- 
tress Monroe. 

Q.    What  time  did  he  reach  Hookstown  on  the  21st? 

A.  I  do  not  know  that ;  I  was  not  there  :  I  was  coming  to  Balti- 
more. The  coach  gets  out  there,  though,  between  five  and  six 
o'clock. 

Q.    How  did  you  know  he  went  out  on  the  21st  ? 

A.   I  saw  him. 

Q.    In  what  conveyance  ? 

A.   In  the  coach. 

Q.  You  were  going  into  Baltimore,  and  he  was  going  out  to 
Hookstown  ? 

A.   Yes,  sir. 

Q.    State  where  he  was  from  the  21st  to  the  25th. 

A.   He  was  with  me. 

Q.    Did  you  see  him  every  day  ? 

A.  Yes,  sir. 

Q.    And  every  night  ? 


THE     TRIAL.  519 

A.   Yes,  sir :  he  slept  with  me. 

Q.    What  time  did  you  get  to  Baltimore  on  the  25th  ? 

A.   Between  five  and  six  o'clock. 

Q.  State  what  you  saw  of  him,  if  any  thing,  and  at  what  time, 
between  the  date  of  your  arrival  with  him  at  Baltimore  on  the  25th 
and  the  date  of  your  return  with  him  to  the  country  the  next  day. 

A.  I  saw  him  at  supper,  and  at  night  when  I  went  to  bed,  be- 
tween nine  and  ten  o'clock  :  he  was  in  bed. 

Q.    Where  was  that  ?  at  what  house  ? 

A.   At  Baltimore,  at  my  father's  house. 

Q.    Your  father  lives  in  Baltimore  ? 

A.  Yes,  sir. 

Q.    What  did  you  see  of  him  the  next  morning? 

A.  When  we  got  up  I  went  down  to  the  Government  bakery, 
left  hun  at  home,  told  him  I  would  be  back  in  about  half  an  hour, 
and  we  would  go  out  in  the  country  together.  When  I  came  back 
he  was  home  ;  and  we  then  went  into  the  country. 

Q.    What  time  in  the  day  was  that? 

A.  Between  nine  and  ten  o'clock  in  the  morning  we  started  for 
the  country. 

Q.  Then  he  staid  with  you  in  the  country  until  what  day  of  the 
month  ? 

A.   Either  until  Tuesday  or  Wednesday,  the  28th  or  29th. 

Q.    Did  you  see  him  every  day  ? 

A.    Yes,  sir. 

Q.    And  every  night  ? 

A.    Yes,  sir. 

Q.    He  left  on  what  day  of  the  week  ? 

A.   Either  on  Tuesday  or  Wednesday,  I  am  not  certain  which : 
it  was  one  of  those  days. 
^     Q.    What  time  in  the  day  did  he  leave  ? 

A.   About  eight  o'clock. 

Q.   When  did  you  see  him  next  ? 

A.   I  saw  him  again  on  Friday. 

Q.    What  time  in  the  day  ? 

A.  At  supper-time,  when  I  came  in  from  the  country,  he  was  at 
home. 


520  THE     TRIAL. 

Q.    At  your  father's  house  ? 

A.   Yes,  sir. 

Q.    Do  you  know  where  he  was  on  Friday  night  ? 

A.   He  was  at  home  there. 

Q.    Did  you  sleep  with  him  that  night  ? 

A.  No,  sir  ;  I  did  not :  my  brother  slept  with  him.  I  slept  in 
the  same  room. 

Q.    Did  you  see  him  the  next  day  ? 

A.   Yes,  sir. 

Q.    All  the  day? 

A.  I  took  him  out  in  the  country.  "We  started  away  from  Bal- 
timore about  eight  o'clock  on  Saturday ;  and  I  brought  him  in 
again  between  twelve  and  one. 

Q.    In  the  daytime  ? 

A.   Yes,  sir ;  and  he  went  to  Fortress  Monroe  in  the  afternoon. 

Q.    What  time  did  he  leave  for  Fortress  Monroe  ? 

A.   Between  three  and  four  o'clock. 

Q.  What  day  of  the  month  was  it  that  he  left  for  Fortress 
Monroe  ? 

A.   The  1st  of  April. 

Q.    How  far  is  Hookstown  from  Baltimore  ? 

A.    About  six  miles. 

Q.    Are  you  certain  about  these  dates  ? 

A.  Yes,  sir. 

Cross-examined  by  Assistant  Judge  Advocate  Burnett  : 

Q.  How  are  you  enabled  to  fix  the  21st  as  the  date  when  you 
met  him  as  he  was  going  to  Hookstown  ? 

A.  By  Mr.  Buffington  having  a  sale  on  the  21st.  I  was  going 
into  Baltimore  after  some  oats  to  sow,  and  I  saw  him  in  the  coach. 

Q.    Who  was  it  had  this  sale  ? 

A.   Buffington,  who  keeps  the  Three-Mile  House  on  the  road. 

Q.    A  sale  of  what  ? 

A.   Of  farming  utensils. 

Q.    Buffington's  is  between  Hookstown  and  Baltimore  ? 

A.   Yes,  sir  ;  three  miles  from  there. 

Q.  And  you  know  that  it  was  on  the  date  of  that  sale  that  you 
met  him  ? 


THE     TRIAL.  521 

A.  Yes,  sir. 

Q.  Have  you  since  looked  to  see  what  day  that  sale  was  on? 

A.  No,  sir. 

Q.  How  do  you  know  that  sale  was  on  the  21st  ? 

A.  It  was  on  Tuesday.     Mr.  Ditch  had  his  sale  on  the  20th  of 
March,  and  Mr.  Buffington's  was  on  the  21st. 

Q.  How  do  you  know  that  ? 

A.  I  remember  from  Ditch's  stable. 

Q.  How  do  you  know  that  sale  was  on  the  20th  ? 

A.  I  can  remember  that  long. 

Q.  But  how  can  you  remember  it  was  the  20th,  instead  of  the 
19th? 

A.  Because  I  bought  some  things  there,  and  put  them  down  in 
my  book  ? 

Q.  Where  is  that  book  ? 

A.  It  is  at  home. 

Q.  Have  you  looked  at  it  since  to  see  what  the  date  was  ? 

A.  Yes,  sir. 

Q.  And  was  it  the  19th? 

A.  No,  sir :  the  20th. 

Q.  You  have  looked  since  to  see  that  date  ? 

A.  Yes,  sir. 

Q.  And  that  was  the  date  of  your  purchase? 

A.  Yes,  sir. 

Q.  And  that  is  the  means  by  which  you  got  at  the  time  when 
you  met  your  brother  ? 

A.  Yes,  sir ;  because  Buffington  had  his  sale  on  Tuesday. 

Q.  The  Tuesday  following? 

A.  Yes,  sir. 

Q.  And  you  think  that  on  the  next  Saturday,  I  understand  you 
to  say,  your  brother  went  into  Baltimore  ? 

A.  Yes,  sir  :  I  took  him  in  myself. 

Q.  What  time  did  you  get  into  Baltimore  ? 

A.  Between  five  and  six  o'clock. 

Q.  In  the  evening? 

A.  Yes,  sir. 

Q.  When  did  you  next  see  him  after  you  first  arrived  ? 

44* 


522  THE     TRIAL. 

A.  I  saw  him  at  supper-time ;  and  then  again  in  bed  between 
nine  and  ten  o'clock. 

Q.    Where  was  he  between  those  hours  ? 

A.   I  do  not  know  :  I  went  out. 

Q.  You  did  not  see  him  from  that  time  until  you  saw  him  in 
bed? 

A.   No,  sir. 

Q.    And  then  he  went  back  to  Hookstown,  when? 

A.    On  Sunday  ? 

Q.    On  the  following  day  ? 

A.    Yes,  sir. 

Q.    And  he  staid  there,  you  say,  until  the  31st? 

A.  He  came  into  Baltimore  again  either  on  Tuesday  or  Wednes- 
day. 

Q,    Did  you  come  with  him  ? 

A.   No,  sir. 

Q.    And  from  there  he  went  to  Fortress  Monroe  ? 

A.   Yes,  sir. 

Q.    When  was  it  that  he  delivered  those  arms  to  you? 

A.  He  gave  them  to  me  on  the  1st  day  of  April :  when  he 
went  out  in  the  country,  be  had  his  haversack  or  carpet-bag  out 
there,  and  left  them  there  and  gave  them  to  me. 

Q.    On  the  31st? 

A.    On  the  1st  day  of  April. 

Q.    Where  had  they  been  in  the  mean  time  ? 

A.  They  had  been  out  in  the  country  from  the  day  he  went  out 
on  the  21st  up  to  that  date. 

Q.  Do  you  think  you  would  recognize  those  arms  if  you  should 
see  them  now? 

A.    I  think  I  could. 

Q.    Was  the  pistol  loaded  when  it  was  delivered  to  you  ? 

A.   Yes,  sir. 

Q.  [Submitting  to  the  witness  the  pistol  found  in  Arnold's  bag 
at  Fortress  Monroe.]     Do  you  recognize  that  as  the  pistol  i 

A.   No,  sir. 

Q.    That  is  not  the  one  ? 

A.   No,  sir. 


THE     TRIAL,  523 

Q.   You  say  it  was  on  the  1st  of  April  he  delivered  those  arms 
to  you  ? 

A.   Yes,  sir. 

Q.    To  whom  did  you  deliver  them  ? 

A.   I  kept  them  out  there  myself,  and  did  not  give  them  to  any 
one. 

Q.    Do  you  know  when  your  father  took  them  out  of  the  desk 
where  they  were  placed  ? 

A.   I  do  not  remember  the  date :  I  remember  of  his  coming 
there. 

Q.  You  remember  of  his  coming  to  the  desk  where  they  were 
placed,  getting  them,  and  taking  them  to  Baltimore  ? 

A.   Yes,  sir. 

Q.  Were  they  delivered  to  you  in  a  valise,  or  simply  by  them- 
selves ? 

A.   By  themselves. 

Q.    Nothing  else  with  them  ? 

A.   No,  sir. 

Q.    And  the  pistol  was  loaded  at  the  time  of  its  delivery  ? 

A.   Yes,  sir. 

Q.  Do  you  remember  the  character  of  the  pistol,  whether  it  was 
a  Colt,  navy  size  ? 

A.   It  was  a  large-sized  pistol. 

Q.  [Exhibiting  to  the  witness  the  same  pistol.]  About  the 
size  of  this  weapon  ? 

A.   I  think  it  was  something  like  that. 

By  Mr.  Ewing  : 

Q.  What  disposition,  if  any,  did  your  brother  make  of  those 
arms  when  he  left  for  Fortress  Monroe  ? 

A.   He  gave  them  to  me. 

Q.    The  knife  and  the  pistol? 

A.    Yes,  sir. 

Q.  Will  you  state  whether  or  not  you  saw  him  load  the  pistol 
while  he  was  in  the  country  ? 

A.  No,  sir  ;  I  did  not.  I  saw  him  fire  the  loads  out,  and  ^hen 
he  went  into  the  house  and  reloaded  it  a2:ain  ;  but  I  was  not  in 
the  house :  I  was  at  the  door,  and  I  did  not  see  him  rftloarJ  if 


524  THE     TRIAL. 

Q.  Did  you  see  Mm  shooting  at  any  thing  ? 

A.  Yes,  sir :  he  shot  at  a  chicken. 

Q.  Did  you  see  him  shoot  more  than  once  ? 

A.  Yes,  sir :  I  think  he  shot  off  two  rounds  out  of  it  at  the 
chickens. 

Q.  This  was  after  the  20th  of  March  ? 

A.  Yes,  sir. 

Frank  Aenold, 

a  witness  called  for  the  accused,  Samuel  Arnold,  being  duly  sworn, 
testified  as  follows  :  — 

By  Mr.  Ewing  : 

Q.    Are  you  a  brother  of  the  prisoner,  Samuel  Arnold? 

A.   I  am. 

Q.    Where  do  you  live  ? 

A.  I  am  living  now  in  Baltimore  County  :  I  generally  reside  in 
the  city,  though. 

Q.    At  your  father's  house  ? 

A.   Yes,  sir. 

Q.  State  whether  you  saw  any  thing  of  your  brother  between 
the  20th  of  March  and  the  1st  of  April  last ;  and,  if  so,  where  and 
when. 

A.  I  saw  him  on  the  30th  and  31st  of  March,  Thursday  and 
Friday  nights.     He  slept  with  me  both  nights. 

Q.   Do  you  know  any  thing  of  his  going  to  Fortress  Monroe  ? 

A.  Yes,  sir :  he  received  a  letter  on  Friday  morning ;  I  gave  it 
to  him ;  it  was  a  letter  from  Mr.  Wharton  in  reference  to  his  appli- 
cation for  a  situation,  telling  him  to  come  down  ;  and  he  went  down 
on  Saturday  afternoon,  the  1st  of  April,  on  the  Norfolk  boat. 

Q.    What  time  in  the  day  ? 

A.   About  half-past  four  in  the  evening. 

Q.    Do  you  know  who  was  in  company  with  him  on  the  boat  ? 

A.  Captain  Moffatt,  of  the  Eighth  Maryland  Regiment,  took  a 
state-room  with  him  :  I  do  not  know  his  first  name. 

By  Assistant  Judge  Advocate  Bingil\m  : 

Q.  Do  you  know  whether  your  brother  had  made  application  to 
Mr.  Wharton  before  that,  by  letter  or  otherwise,  for  employment? 


THE     TRIAL.  525 

A.   Yes,  sir :  he  made  application  by  letter. 
Q.    Do  you  know  when  ? 
A.  I  do  not  know  the  date. 

,  Jacob  Smith, 

a  witness  called  for  the  accused,  Samuel  Arnold,  being  duly  sworn, 
testified  as  follows  :  — 

By  Mr.  Ewing  : 

Q.    Where  do  you  live  ? 

A.  In  Hookstown,  Baltimore  County,  Md. 

Q.    Are  you  acquainted  with  the  prisoner,  Samuel  Arnold. 

A.  Yes,  sir ;  I  am. 

Q.  State  how  far  you  live  from  the  residence  of  his  brother, 
William  S.  Arnold. 

A.  Our  houses  are  about  half  a  mile  apart,  I  think,  as  near  as 
I  can  get  at  it.     Our  farms  adjoin. 

Q.  State  whether  or  not  you  saw  any  thing  of  the  prisoner, 
Samuel  Arnold,  between  the  20th  of  March  and  the  1st  of  April 
last. 

A.  Yes,  sir :  I  saw  him,  I  think,  nearly  every  day ;  sometimes 
three  or  four  times  a  day. 

Q.    From  what  date  to  what  date  ? 

A.  From  the  20th  or  22d  of  March  up  to  near  the  30th  of 
March,  as  near  as  I  can  get  at  it. 

Q.    Where  did  you  see  him  ? 

A.  I  saw  him  on  my  place,  going  over,  crossing  it,  and  some- 
times I  saw  him  at  his  brother's  place. 

Q.    You  saw  him  nearly  every  day  between  those  dates  ? 

A.  Nearly  every  day.  There  may  have  been  a  day  or  two 
when  I  did  not  see  him ;  but  I  think  I  saw  him  nearly  every  day. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.    The  time  you  speak  of  is  confined  to  the  period  between  the 
20th  and  30th  of  March,  as  I  understand  you  ? 
A.   Yes,  sir. 

By  Assistant  Judge  Advocate  Burnett  : 

Q.    Are  you  sure  you  saw  him  on  the  20th  of  March  ? 


526  THE      TRIAL. 

A.   I  am  not  sure  of  that,  whether  it  'was  the  20th  or  22(1. 

Q.  You  said  that  you  saw  him  nearly  every  day  from  the  20th 
to  the  30th  ? 

A.  From  the  20th  or  22d  of  March  to  the  30th  of  3Iarch  ;  I  do 
not  remember  the  date,  whether  it  was  the  20th  or  22d ;  I  did  not 
keep  a  memorandum  of  it,  but  I  just  remember  seeing  him  there. 

Q.    How  do  you  know  but  what  it  was  the  23d  ? 

A.  If  it  was,  I  must  have  been  very  much  mistaken.  I  think 
it  was  from  the  20th  to  the  22d.  I  cannot  come  exactly  at  the 
date. 

Q.  Why  do  you  fix  it  as  the  20th  or  22d,  instead  of  the  19th 
or  23d  ? 

A.   I  have  no  particular  reason  for  fixing  it  in  that  way. 

Q.    That  is  only  your  indistinct  recollection  now? 

A.   Yes,  sir. 

Q.  How  about  the  30th  ?  How  do  you  know  that  you  saw 
him  up  to  the  30th  ? 

A.   That  is  just  about  the  same. 

Q.    You  have  simply  an  indistinct  recollection  ? 

A.   Yes,  sir  :  I  kept  no  note  of  it. 

By  Mr.  Ewing  : 

Q.  Were  you  over  at  his  brother's  place  at  any  time  during  that 
period  ? 

A.   Yes,  sir. 

Q.    Do  you  recollect  the  day  of  the  week  ? 

A.   No,  sir  :  I  do  not  recollect  the  day. 

Q.  Did  you  ever  see  him  at  your  place  at  any  time  during  that 
period,  on  your  farm,  between  the  20th  or  22d  of  March  and  30th 
of  that  month  ? 

A.    Yes,  sir;  I  saw  him  there' often. 

Q.  Were  you  ever  at  his  brother's  place  more  than  once  during 
that  period  ? 

A.  Yes,  sir ;  I  was  over  there  several  times  during  that  period. 
I  used  to  go  there  for  marketing  stuff  to  take  to  the  city,  and  I 
used  to  go  right  in  the  field  and  get  it. 

Q.  It  was  on  those  occasions  that  you  spoke  of  seeing  him  when 
bp  woq  nf  ■^onr  rtlnce  ? 


THE     TRIAL.  527 

A.  Yes,  sir :  and  I  saw  liim  at  his  brother's  place,  and  coming 
over. 

John  T.  Ford, 

a  witness  called  for  the  accused,  Edward  Spangler,   being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Ewinq  : 

Q.    State  where  you  reside. 

A.   In  the  city  of  Baltimore. 

Q.  State  whether  or  not  you  are  the  proprietor  of  Ford's  Theatre 
in  the  city  of  Washington. 

A.   I  am. 

Q.  State  whether  you  are  acquainted  with  the  prisoner,  Edward 
Spangler. 

A.   I  am. 

Q.    How  long  has  he  been  in  your  employ? 

A.  I  think  between  three  and  four  years  at  intervals ;  but  over 
two  years  continuously. 

Q.  State  whether  or  not  you  were  in  or  about  the  theatre,  or  in 
this  city,  at  the  time  of  the  assassination  of  President  Lincoln  ? 

A.  I  was  not.  I  was  in  the  city  of  Richmond  on  Friday,  the 
day  of  the  assassination  :  I  arrived  there  about  two  o'clock. 

Q.    Were  you  acquainted  with  John  Wilkes  Booth  ? 

A.  I  had  known  him  since  early  childhood,  —  I  suppose  since  ho 
was  ten  or  eleven  years  of  age  ;  intimately  for  six  or  seven  years. 
I  saw  him  as  a  child  frequently. 

Q.  State  whether  you  have  ever  heard  Booth  speak  of  Samuel 
K.  Chester ;  and,  if  so,  in  what  connection,  and  where. 

Assistant  Judge  Advocate  Bingham.  I  object  to  any  proof 
about  what  he  said  in  regard  to  Chester. 

Q.  [By  Mr.  Ewing.]  State  whether  or  not  Booth  ever  applied 
to  you  to  employ  Chester,  who  has  been  a  witness  for  the  prosecu- 
tion, in  your  theatre  ? 

Assistant  Judge  Advocate  Bingham.  That  I  object  to.  It 
is  certainly  not  competent  to  introduce  declarations  of  Booth  made 
to  anybody,  in  the  absence  of  a  witness  that  may  be  called,  relative 


528  THE     TRIAL. 

to  a  transaction  of  his,  to  affect  him  in  any  way  at  all.     I  object  to 
it  as  wholly  incompetent. 

Mr.  Ewing.  It  is  not  to  attack  Chester,  may  it  please  the 
Court,  that  I  make  this  inquiry,  but  rather  to  corroborate  him ;  to 
show  that  Booth,  while  manipulating  Chester  to  induce  him  to  go 
into  a  conspiracy  for  the  capture  of  the  President,  was  actually  at 
the  same  time  endeavoring  to  induce  Mr.  Ford  to  employ  Chester, 
in  order  that  he  might  oret  him  here  to  the  theatre  and  use  him  as 
an  instrument :  and  it  goes  to  affect  the  case  of  several  prisoners  at 
the  bar ;  the  case  of  the  prisoner  Arnold,  who  in  his  confession,  as 
orally  detailed  here,  stated  that  the  plan  was  to  capture  the  Presi- 
dent, and  Chester  corroborates  that ;  and  also  to  aSvsist  the  case  of 
the  prisoner,  Spangler,  by  showing  that  Booth  was  not  able  to  get 
or  did  not  get  in  the  theatre  any  instruments  to  assist  him  in  the 
purpose,  and  was  endeavoring  to  get  them  brought  there,  —  men 
that  he  had  previously  manipulated.     I  think  it  is  legitimate. 

Assistant  Judge  Advocate  Bingham.  Nothing  can  be  clearer, 
if  the  Court  please,  than  that  it  is  utterly  incompetent.  It  is  not 
a  simple  question  of  relevancy  here ;  it  is  absolute  incompetency. 
A  party  who  conspires  to  do  a  crime  may  approach  the  most  upright 
man  in  the  world,  with  whom  he  has  been,  before  the  criminality 
was  knovra  to  the  world,  on  terms  of  intimacy,  and  whose  position 
in  the  world  was  such  that  he  might  be  on  terms  of  intimacy  with 
reputable  gentlemen.  It  is  the  misfortune  of  a  man  that  is  ap- 
proached in  that  way  ;  it  is  not  his  crime,  and  it  is  not  colorably  his 
crime  either.  It  does  not  follow  now,  because  Booth  chose  to 
approach  this  man  Chester,  that  Booth  is  therefore  armed  with  the 
power,  living  or  dead,  to  come  into  a  court  of  justice  and  prove  on 
his  own  motion,  or  on  the  motion  of  anybody  else,  what  he  may 
have  said  touching  that  man  to  third  persons.  The  law  is  too 
jealous  of  the  reputation  and  character  of  men  to  permit  any  such 
dealings  at  all. 

The  Commission  sustained  the  objection. 

Q.  [By  Mr.  Ewing.]  State  what  were  the  duties  of  the  accused, 
Edward  Spangler,  on  the  stage. 

A.   Spangler  was  employed  as  a  stage-hand,  frequently  misrep- 


THE     TRIAL.  529 

resented  as  the  stage-carpenter  of  the  theatre.  He  was  a  laborer 
to  assist  in  the  shoving  of  scenery  into  its  place,  and  removing  it 
within  the  grooves  as  the  necessity  of  the  play  required.  These 
were  his  duties  at  night,  and  during  the  day  to  assist  in  doing  the 
rough  carpenter  work  incidental  to  plays  to  be  produced. 

Q.  State  whether  or  not  his  duties  were  such  as  to  require  his 
presence  upon  the  stage  during  the  whole  of  a  play. 

A.  Strictly  so.  His  absence  for  a  moment  might  imperil  the 
success  of  a  play,  and  cause  dissatisfaction  to  the  audience.  It  is 
very  important  to  the  effect  of  a  play  that  the  scenery  should  be 
well  attended  to  in  all  its  changes ;  and  he  is  absolutely  important 
there  every  moment  from  the  time  the  curtain  rises  until  it  falls. 
There  are  intervals,  it  is  true,  but  he  cannot  judge  how  long  or 
how  brief  a  scene  may  be. 

Q.  State  whether  his  constant  presence  during  the  second  scene 
of  the  third  act  of  the  *'  American  Cousin  "  would  be  necessary  ? 

A.  It  would,  unless  he  was  positively  informed  of  the  duration 
of  that  scene.  It  is  rather  a  long  scene,  —  longer  than  perhaps  any 
other  scene  in  that  act. 

Q.    How  is  it  with  the  first  scene  of  the  third  act  ? 

A.  It  is  quick,  —  but  a  few  moments.  The  other  is  eight,  or 
ten,  or  probably  twelve  minutes  long. 

Q.    How  is  it  with  the  second  act? 

A.  The  duration  of  a  scene,  I  should  say,  depends  very  much 
on  the  action  of  the  parties  engaged  in  it,  —  the  spirit  of  the  actors. 
Sometimes  it  is  much  more  rapid  than  others.  In  the  second  act, 
I  hardly  think  there  is  an  interval  between  the  time  he  would  move 
the  scenes  of  more  than  five  or  eight  minutes,  —  between  those 
numbers,  I  should  say. 

Q.  His  constant  presence  upon  the  stage,  therefore,  during  the 
second  act,  throughout  it,  would  be  necessary  ? 

A.   Absolutely,  if  he  attended  to  his  duties. 

Q.    What  were  his  duties  in  the  intervals  between  the  scenes? 

A,   To  be  prepared  for  the  next  change ;  to  be  ready  at  his 
scene  ;  to  remain  on  the  side  where  the  stage-carpenter  had  assigned 
him  as  his  post  of  duty.     Emergencies  often  arise  during  an  act. 
that  require  extra  service  of  a  stage-hand. 
VOL.  II.  45 


530  THE     TRIAL. 

Q.    State  who  had  the  regulation  and  control  of  the  passage-way 
through  which  Booth  escaped. 

A.  The  stage-manager  directs,  the  stage-carpenter  executes  the 
work  belonging  to  that  part  of  the  theatre  and  to  the  entire  stage. 

Q.    State  who  they  were. 

A.  John  B.  Wright  was  the  stage-manager,  James  J.  Gifford 
the  stage-carpenter. 

Q.  Has  not  Gifford  some  subordinate  who  is  charged  with  the 
duty  of  keeping  the  passage-way  in  its  proper  condition  ? 

A.  None  except  his  stage-hands.  It  is  the  duty  of  each  and 
every  one ;  it  is  as  indispensable  as  keeping  the  front  door  clear. 
The  action  of  the  play  would  be  ruined  by  any  obstruction  or 
incumbrance  there. 

Q.    The  stage-hands  on  which  side  of  the  theatre? 

A.   Of  course,  on  the  side  where  this  passage  is. 

Q.  That  is  the  side  opposite  to  the  one  on  which  Spangler 
worked  ? 

A.  I  presumed  you  meant  what  we  call  the  prompt-side,  the  side 
on  which  the  prompter  is  located,  the  chief  passage  of  the  theatre ; 
Spangler  worked  on  the  other  side.  The  stage-carpenter's  place 
was  to  be  on  this  side,  but  we  frequently  do  not  require  actual  work 
by  him  :  he  manages  the  scenery,  but  leaves  it  to  the  stage-hands  to 
work  the  scenes  unless  there  is  a  difficult  play.  His  location  is  near 
the  stage-manager,  to  receive  his  directions,  and  to  be  subordinate 
to  him. 

Q.  And  the  two  are  located  on  the  stage,  on  the  side  opposite  to 
that  where  the  prisoner,  Spangler,  worked  upon  ? 

A.  Directly  opposite.  They  are  on  the  prompt-side ;  he  on  the 
0.  P.  side,  opposite  the  prompt-place. 

Q.  Then  I  understand  that  the  prisoner,  Spangler,  would  not  be 
charged  with  the  duty  of  keeping  that  passage-way  in  order  ? 

A.  That  was  no  duty  of  his,  unless  specially  assigned  to  him  by 
the  stage-carpenter :  he  was  subordinate  entirely  to  the  stage-car- 
penter. 

Q.  Now  state  whether  or  not  that  passage-way  is  generally  ob- 
structed in  any  way. 

A.   It  should  never  be  obstructed.     My  positive  orders  are  to 


THE     TRIAL.  531 

keep  it  always  clear  and  in  the  best  order.  It  is  the  passage-way- 
used  by  all  the  parties  coming  from  the  dressing-rooms.  Where  a 
play  was  performed  like  the  "  American  Cousin,"  the  ladies  were 
in  full  dress,  and  it  was  absolutely  necessary  that  there  should  be  no 
obstruction  there,  in  order  that  the  play  should  be  properly  performed. 
Coming  from  the  dressing-rooms  and  the  green-room  of  the  theatre, 
every  one  had  to  use  that  passage.  The  other  side  of  the  stage  was 
not  used  more  than  a  third  as  much,  probably.  Most  of  the  entrances 
by  the  actors  and  actresses  are  made  on  the  prompt-side ;  but  many 
are  essential  to  be  made  on  the  0.  P.  side.  By  entrances  to  the 
stage,  I  mean  to  the  presence  of  the  audience. 

Q.  Do  you  know  whether,  as  a  matter  of  fact,  that  passage-way 
•was  kept  by  the  stage-manager  clear  ? 

A.  The  stage-manager  was  a  very  exacting  man  in  all  those 
details ;  and  I  have  always  found  it  clear,  unless  there  was  some 
spectacular  play  in  which  he  required  the  whole  spread  of  the  stage. 
Then  at  times  it  would  be  partly  encumbered,  but  not  enough  so  to 
prevent  the  people  going  around  the  stage,  or  going  to  the  cellar-way 
and  underneath,  and  passing  to  the  other  side  by  way  of  the 
cellar. 

Q,    Was  the  '*  American  Cousin  "  such  a  spectacular  play? 

A.  No  :  it  was  a  very  plain  play ;  no  obstruction  whatever  could 
be  excused  on  account  of  that  play ;  it  was  all  what  we  call  flats, 
except  one  scene  :  the  flats  are  the  large  scenes  that  cross  the  stage. 

Q.  Did  you  ever  see  the  prisoner,  Edward  Spangler,  wear  a 
mustache  ? 

A.   Never. 

Q.  State  his  relations  to  Booth,  as  far  as  you  have  known  them 
to  be  together  at  all. 

A.  He  seemed  to  have  a  great  admiration  for  Booth.  I  have 
noticed  that  in  my  business  on  the  stage  with  the  stage-manager. 
Booth  was  a  peculiarly  fascinating  man,  and  controlled  the  lower 
class  of  people,  such  as  Spangler  belonged  to,  I  suppose  more  than 
ordinary  men  would,  —  a  man  who  excelled  in  all  manly  sports. 

Q.    Was  Spangler  at  all  in  the  employment  of  Booth  ? 

A.   Not  to  my  knowledge. 

Q.    Was  he  in  the  habit  of  waiting  upon  him  ? 


532  THE      TRIAL. 

A.  I  only  heard  so  ;  I  never  knew,  until  after  tte  assassination, 
that  lie  had  been  so  employed. 

Q.  State  to  the  Court  whether  or  not,  from  your  knowledge  of 
Booth,  the  leap  from  the  box  upon  the  stage  would  be  a  difficult 
one. 

A.  By  no  means,  I  think.  He  excelled  in  every  thing  of  that 
kind.  He  had  a  reputation  for  being  a  great  gymnast.  He  intro- 
duced, in  some  Shaksperian  plays,  some  of  the  most  extraordinary 
and  outrageous  leaps,  deemed  so  by  the  critics,  and  condemned  by 
the  press  at  the  time. 

Q.    Did  you  ever  see  him  make  any  of  those  extraordinary  leaps  ? 

A.  I  did  on  one  occasion,  and  the  "  Baltimore  Sun  "  condemned  it 
in  an  editorial  article  the  next  day,  —  styled  him  the  "  gymnastic 
actor."  It  was  in  the  play  of  Macbeth,  the  entrance  to  the  witch 
scene  :  he  jumped  from  a  high  rock  down  on  the  stage,  as  high,  or 
perhaps  higher,  than  the  box ;  I  think  about  as  high,  nearly,  as  from 
the  top  of  the  scene. 

Q.  You  think,  then,  from  your  knowledge  of  the  physical  powers 
of  Booth,  that  that  leap  was  one  that  he  would  not  need  to  re- 
hearse ? 

A.  I  would  not  think  a  rehearsal  of  it  was  needed.  He  was  a 
very  bold,  fearless  man :  he  always  had  the  reputation  of  being  of 
that  character.  I  should  not  suppose  any  rehearsal  would  be  neces- 
sary. We  never  rehearse  leaps  in  the  theatre,  even  when  they  are 
necessary  to  the  action  of  the  play  :  they  may  be  gorte  over  the  first 
time  a  play  is  performed,  but  it  is  not  usual. 

Q.  Do  you  think  that  leap  from  the  President's  box  upon  the 
stage  would  be  at  all  a  difficult  one  for  Booth  ? 

A.  I  should  not  think  so  :  I  have  seen  him  make  a  similar  leap 
without  any  hesitation,  and  I  am  aware  that  he  usually  introduced 
it  in  the  play  of  Macbeth,  as  I  stated  before. 

Q.    Did  he  make  the  leap  of  which  you  speak  with  ease  ? 

A.  Apparently ;  without  any  hesitation,  at  least ;  no  effect  fol- 
lowing it. 

Q.  State  whether  you  have  any  knowledge  as  to  Booth's  fre- 
quenting Ford's  Theatre. 

A.   I  seldom  visited  the  theatre  but  what  I  found  him  about,  or 


THE     TRIAL.  533 

near  it,  during  the  day,  while  I  was  there.  I  usually  came  down  to 
the  theatre  three  days  a  week,  devoting  the  other  three  to  my  busi- 
ness in  Baltimore,  and  being  there  between  the  hours  of  ten  and 
three.  I  would  nearly  always  meet  Booth  there  when  he  was  in 
the  city.  He  had  his  letters  directed  to  the  theatre,  and  that  was 
one  cause  of  his  frequent  visits  there,  as  I  thought  then. 

Q.    During  what  period  was  that? 

A.  Nearly  the  entire  season,  which  commenced  about  the  1st  of 
September,  —  say  from  the  latter  part  of  September  up  to  the  time 
I  saw  him  last  in  Washington. 

Q.    When  was  that  last  time  you  saw  him  ? 

A.  Some  two  or  three  weeks  before  the  assassination.  Just 
previous  to  the  assassination  my  wife  was  in  bad  health,  and  I  was 
not  down  here  as  frequently  as  I  had  been  before. 

Q.  Can  you  state  whether  or  not  you  were  here  about  the  2d  of 
April  ? 

A.  I  could  not  positively  without  some  reflection.  It  is  hard  to 
locate  a  date  precisely.  I  usually  came  down  here  on  Mondays, 
Wednesdays,  and  Fridays,  but  sometimes  it  was  on  Tuesdays, 
Thursdays,  and  Saturdays.  I  cannot  say  positively  that  I  was  here 
on  the  day  named. 

Q.  Do  you  know  where  the  actor,  John  McCullough,  was 
then  ? 

A.  In  New  York  ;  or  at  least  he  ought  to  have  been  there.  Mr. 
Forrest  was  acting  there,  and  he  always  appears  in  his  plays.  His 
last  appearance  at  my  theatre  was  the  18  th  of  March ;  that,  I  be- 
lieve, was  the  night  the  "Apostate  "  was  played,  and  his  last  service 
in  the  theatre.  Mr.  Forrest  was  within  a  week  to  appear  in  New 
York,  and  he  accompanied  him. 

Q.  State  whether  or  not  you  know  any  thing  of  the  prisoner, 
Spangler,  having  been  in  the  habit  of  going  to  Baltimore,  and  for 
what,  during  the  spring. 

A.  I  know  that  he  had  lived  in  Baltimore,  and  buried  his  wife 
there  some  eight  or  ten  months,  or  probably  a  year,  ago,  whilst  in 
my  employ,  and  that  he  considered  Baltimore  his  home,  and  usually 
spent  the  summer  months,  during  the  vacation  of  the  theatre,  there, 
chiefly  in  crabbing  and  fishing.  He  was  a  great  fisher  and  crabber. 
45* 


534  THE     TRIAL. 

I  know  notliing  positive  of  my  own  knowledge  as  to  that.     I  only 
heard  that,  and  we  used  to  plague  him  about  it. 

Q.  [Exhibiting  to  witness  the  coil  of  rope  found  in  a  carpet  at 
the  house  where  Spangler  took  his  meals,]  Look  at  that  rope,  and 
see  whether  or  not  it  might  be  used  for  any  such  purpose,  and  in 
what  way. 

A.  I  suppose  that  could  be  used  as  a  crab-line,  though  it  is  rather 
short  for  that  purpose. 

Q.    Explain  to  the  Court  how  it  could  be  used. 

A.  I  have  seen  them  catch  crabs  with  a  long  rope,  and  with 
smaller  ropes  or  lines  appended  to  it,  which  they  fixed  to  it.  The 
ropes  are  supported  by  buoys  :  they  spread  them  out  to  catch  crabs. 
The  professional  crabbers  use  much  longer  ropes  than  this,  —  those 
who  make  a  business  of  it. 

Q.    What  length  of  rope  have  you  seen  used  in  that  sport? 

A.   Four  or  five  hundred  feet. 

Q.    Have  you  seen  shorter  ropes  than  that  used  ? 

A.  I  have  seen  some  as  short  used.  I  have  read  that  the  length 
of  this  is  eighty  feet,  but  I  do  not  know  from  its  appearance. 

Q.  This  is  such  a  rope  as  you  have  seen  used  by  amateurs  in  that 
sport  ? 

A.  Yes,  sir ;  I  have  seen  such  ropes.  I  frequently  go  fishing 
in  the  summer. 

Q.  State  to  the  Court  what  your  object  was  in  going  to  Richmond 
about  the  time  of  the  assassination  of  the  President  of  the  United 
States. 

A.  I  had  there  an  uncle,  a  very  aged  man,  and  a  mother-in-law, 
the  mother  of  my  wife  ;  and  hearing  of  the  partial  destruction  of 
Richmond  by  fire,  I  went  there  anxious  to  ascertain  their  condition. 
I  arrived  there  on  Friday.  I  did  not  hear  of  the  assassination  until 
Sunday  night,  and  then  I  heard  that  Edwin  Booth  was  charged  with 
it.  On  Saturday  morning  my  uncle,  the  only  male  blood-relative  I 
found  there,  went  up  with  me  to  take  the  oath  of  allegiance.  On 
Sunday  I  spent  the  day  with  him,  and  on  Monday  morning  I  started 
for  Baltimore  and  Washington  by  the  six  o'clock  boat ;  and  at  the 
boat  I  first  saw  the  Richmond  Whig,  which  confirmed  the  report  I 
had  heard  on  Sunday  night  of  the  assassination.    I  wa!«  m  company, 


THE      TnTAL.  535 

wbile  at  Pticbraond,  with  Colonel  Forney  and  others,  conferring  with 
them,  at  times,  in  regard  to  people  I  had  known  there  when  I  lived 
there  for  three  or  four  years  from  1850. 

Cross-examined  by  the  Judge  Advocate  : 

Q.  You  do  not  mean  to  state  to  this  Court  that  the  prisoner, 
Spangler,  intended  to  catch  crabs  with  that  rope  which  was  shown  to 
you? 

A.   No,  sir. 

Q.  That  rope  could  be  used  quite  as  well  for  other  purposes  as 
for  catchins:  crabs  ? 

A.   Unquestionably.     I  have  no  doubt  of  that. 

Q.  State  whether  or  not  the  private  boxes  in  your  theatre,  of 
which  the  President  occupied  one,  are  ordinarily  kept  locked  when 
not  in  actual  use. 

A.  I  cannot  state  that  positively.  I  did  not  spend  a  great  many 
nights  in  Washington.  In  Baltimore  we  always  keep  the  private 
boxes  locked. 

Q.  Who  has  the  custody  of  those  boxes  during  the  day,  when 
they  are  not  actually  occupied  ? 

A.  The  stage-carpenter,  Mr.  GifFord,  had  control  of  the  whole 
theatre,  and  would  be  the  responsible  party  I  should  blame  for  any 
thing  wrong  about  the  boxes. 

Q.  You  cannot  state,  therefore,  whether  they  were  locked  or 
not? 

A.  No,  sir.  In  Baltimore  we  keep  them  locked,  and  keep  the 
keys  in  the  box-office  where  we  sell  the  boxes  to  patrons.  Here  I 
understand  that  the  ushers  retained  the  keys. 

Q.    Who  was  the  usher  in  this  building? 

A.  The  chief  usher  was  James  O'Brien,  the  usher  of  the  dress- 
circle  and  of  the  boxes  on  that  tier. 

Q.  Do  you  know  who  had  for  sale  the  tickets  for  those  boxes 
that  day  ? 

A.  Yes,  sir  :  the  authorized  parties  were  my  two  brothers,  James 
K.  and  Henry  Clay  Ford. 

Q.  Do  you  know  the  fact  that  none  of  the  boxes  were  occupied 
that  night  except  that  occupied  by  the  President  ? 


636  THE     TRIAL. 

A.   I  have  only  heard  so. 

Q.  Is  the  play  of  the  "American  Cousin"  a  popular  one? 
Does  it  attract  considerable  audiences  ? 

A.  It  was,  when  originally  produced,  an  exceedingly  attractive 
play :  of  late  years  it  has  not  been  a  strong  card,  but  a  fair  attrac- 
tion. 

Q.  Is  it  not  a  very  unusual  thing,  when  such  plays  are  pro- 
duced, for  your  private  boxes  to  be  entirely  empty  ? 

A.  Washington  is  a  very  good  place  for  selling  boxes  usually. 
They  are  generally  in  demand,  and  nearly  always  two  or  three  boxes 
are  sold. 

Q.  Can  you  recall  any  occasion  on  which  a  play  so  popular  and 
attractive  as  that  was  presented  when  none  of  your  private  boxes, 
save  the  one  occupied  by  the  President,  was  used  ? 

A.  I  remember  occasions  when  we  sold  no  boxes  at  all,  and  had 
quite  a  full  house, — a  good  audience ;  but  those  occasions  were  rare. 
My  reason  for  constructing  so  many  boxes  to  this  theatre  was,  that 
usually  private  boxes  were  in  demand  in  Washington,  —  more  so 
than  in  almost  any  other  city.  It  is  not  a  favorable  place  to  see  a 
performance ;  but  it  is  a  fashionable  place  here  to  take  company. 

Q.  Did  I  understand  you  to  say,  that,  from  the  character  of  the 
two  men,  and  their  relations  to  each  other,  as  known  to  you,  Booth 
would  be  likely  to  exert  a  large  influence  over  the  prisoner,  Span- 
gler? 

A.  I  think  he  would  over  men  of  that  class  that  he  came  in 
contact  with. 

Q.   Either  for  good  or  evil,  as  it  might  chance  to  be  ? 

A.  Yes,  sir. 

By  the  Court  : 

Q.    State  the  size  of  the  rope  usually  used  as  a  crab-rope. 

A.   I  merely  know  the  length  of  the  rope  I  have  seen  here. 

Q.  Give  the  dimensions  of  it,  the  width  around,  by  the  usual 
rule  of  measurement. 

A.  I  have  rather  a  bad  eye  for  size.  I  suppose  this  rope  is 
nearly  an  inch  round  in  circumference. 

Q.    Is  it  at  least  an  inch  ? 

A.  I  should  think  so. 


TUE     TRIAL.  537 

J.    P.    FUKGUSON, 

recalled  for  the  accused,  Edward  Spaugler  :  — 

By  Mr.  Ewing  : 

-     Q.    State  to  the  Court  whether,  dh-ectly  after  the  assassination  of 
the  President,  you  saw  Mr.  Stewart  get  upon  the  stage. 

A.  I  am  not  personally  acquainted  with  Mr.  Stewart ;  do  not 
know  that  I  know  the  gentleman  at  all.  I  saw  a  gentleman,  the 
first  one  who  got  upon  the  stage  after  Booth  passed  off.  He  was  a 
laro'e  man,  dressed  in  li^'ht  clothes,  with  a  mustache.  I  do  not 
know  whether  it  was  Mr.  Stewart  or  not.  A  moment  after  he 
jumped  on  the  stage.  Miss  Harris  called,  up  in  the  President's  box, 
for  water.  I  saw  that  man  turn  around  and  look  up  towards  the 
box  at  a  soldier  who  was  on  guard  there,  running  plumb  up.  Some 
one  halloed,  *'  Catch  him."  Laura  Keene  came  in  at  the  corner  at 
the  entrance  right  directly  under  where  I  sat ;  and  she  raised  both 
hands,  and  said,  "  We  have  got  him  !  "  or  "  We  will  get  him  !  "  By 
that  time  there  were,  I  suppose,  half  a  dozen  on  the  stage.  I  then 
saw  this  large  man  run  out  by  Laura  Keene,  at  the  side  entrance, 
in  the  direction  that  Booth  had  taken.  He  was  the  first  one  to  get 
on  the  stage. 

Q.    Could  you  describe  the  color  of  his  hair  ? 

A.  I  could  not.  He  was  a  large  man  ;  I  suppose  as  tall  as  T 
am,  and  heavier.  He  had  on  light  clothes,  and  a  mustache.  He 
was  the  first  one  that  got  on  the  stage.  I  should  suppose  it  was 
probably  two  or  three  minutes  —  about  that  long  —  after  Booth 
went  off  the  stage  that  this  man  went  out  of  the  entrance. 

Q.    Had  you  seen  anybody  else  run  out  of  the  entrance  ? 

A.  No  person  but  Hawk,  the  young  man  who  was  on  the  dage 
at  the  time  Booth  jumped  from  the  box. 

Q.  If  any  one  had  run  out  of  the  entrance,  following  Booth, 
would  you  probably  have  seen  him  ? 

A.  I  would ;  because  I  thought  it  very  singular  that  those  who 
were  near  the  stage  did  not  try  to  run  and  get  on  it.  I  know  that 
if  I  had  occupied  the  position  some  of  them  did,  I  would  have  got 
on  the  stage.  I  am  not  acquainted  with  Mr.  Stewart,  and  would 
not  know  him  now  if  I  were  to  see  him. 


538  THE     TRIAL. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.    You  sat  in  the  gallery  all  the  time  of  this  transaction? 

A.   In  the  dress-circle. 

Q.  On  which  side  of  the  dress-circle  did  you  sit,  the  north  or 
the  south  side  ? 

A.  I  sat  on  the  north  side. 

Q.  And  the  entrance  that  you  are  talking  about,  through  which 
the  parties  passed,  was  on  the  north  side  of  the  stage  too  ? 

A.   Yes,  sir. 

Q.  How  near  did  you  sit  to  the  private  boxes  on  the  north  side 
of  the  gallery? 

A.   I  was  very  close  to  the  private  boxes. 

Q.  Then  you  could  not  see  the  mouth  of  the  entrance  distinctly 
from  where  you  sat  ? 

A.  No,  sir ;  not  exactly  from  where  I  sat :  I  could  not  see  it 
distinctly.     I  saw  Laura  Keene  come  on,  and  run  in. 

Q.  And  you  cannot  say  what  persons  passed  between  the  various 
scenes  into  the  general  entrance  at  all  ? 

A.   There  might  have  been  such  a  thing. 

Q.    And  you  cannot  say  any  thing  about  that  ? 

A.   This  large  man  was  the  first  one  that  jumped^on  the  stage. 

By  Mr.  Ewing  : 

Q.    Had  the  man  any  other  whisker  beside  a  mustache  ? 
A.   I  do  not  think  he  had ;  but  I  would  not  be  positive :  he 
might  have  had. 

C.  D.  Hess, 

a  witness  called  for  the  accused,  Edward  Spangler,  being  duly 
sworn,  testified  as  follows:  — 

By  Mr.  Ewing  : 

Q.    State  your  business  here  in  Washington. 

A.   I  am  the  manager  of  Grrover's  Theatre. 

Q.    Is  that  a  theatre  rival  to  Ford's  ? 

A.   It  is  so  considered,  I  believe. 

Q.  State  whether  you  were  in  the  habit  of  seeing  John  Wilkes 
Booth  during  the  last  season  before  the  assassination  of  the  Presi- 
dent. 


THE     TRIAL.  539 

A.   Yes,  sir  ;  very  frequently. 

Q.  State  whether  he  ever  made  any  inquiry  of  you  in  regard  to 
the  President's  attending  your  theatre. 

A.   He  did  make  such  an  inquiry. 

Q.    When? 

A.   On  the  day  before  the  assassination. 

Q.    State  the  circumstances  under  which  the  inquiry  was  made. 

A.  He  came  into  the  ofiSce  some  time  during  the  afternoon,  I 
think,  of  Thursday,  interrupted  me  and  the  prompter  of  the  theatre 
in  reading  a  manuscript,  seated  himself  in  a  chair,  and  entered  into 
conversation  on  the  subject  of  the  illumination.  There  was  to  be  a 
general"  illumination  of  the  city  on  Thursday  night,  and  he  asked 
me  if  I  intended  to  illuminate.  I  told  him  yes,  I  would  illu- 
minate to  a  certain  extent  that  night ;  but  that  the  next  night 
would  be  my  great  night  of  the  illumination,  that  being  the  cele- 
bration of  the  fall  of  Sumter.  He  asked  me  the  question,  —  my 
impression  is  his  words  were,  "Do  you  intend,"  or  "  Are  you 
going  to  invite  the  President?"  I  think  my  reply  was,  "Yes: 
that  reminds  me  I  must  send  that  invitation."  I  had  had  it  in  my 
mind  for  several  days  to  invite  the  Presidential  party  down  on  that 
night,  —  on  the  night  of  the  14th. 

Q.    Did  you  invite  the  President  ? 

A.  I  sent  Mrs.  Lincoln  an  invitation.  My  notes  were  usually 
addressed  to  her  as  the  best  means  of  accomplishing  the  object. 

Q.    Of  getting  the  President  there  ? 

A.   Yes,  sir. 

Q.    That  was  on  what  day  ? 

A.   On  Thursday,  —  the  day  before  the  assassination. 

Q.    And  the  invitation  was  for  that  night  ? 

A.   For  the  following  night,  —  the  night  of  the  assassination. 

Q.  Was  there  any  thing  marked  in  Booth's  manner  in  making 
this  inquiry  of  you  ? 

A.  It  struck  me  as  rather  peculiar,  his  entering  in  the  manner 
that  he  did  :  he  must  have  observed  that  we  were  busy ;  and  it  was 
not  usual  for  him  to  come  in  and  take  a  seat  unless  he  was  invited. 
He  did  upon  that  occasion,  and  made  such  a  point  of  it,  that  we 
were  both  considerably  surprised.     He  pushed  the  matter  so  far, 


540  THE     TRIAL. 

that  I  got  up  and  put  the  manusciipt  away,  and  entered  into  con- 
versation with  him. 

Q.  Did  he  or  did  he  not,  on  any  occasion  before  that,  solicit  you 
to  invite  the  President  ? 

A.   Not  to  my  recollection. 

Q.    Were  you  in  the  habit  of  seeing  him  frequently? 

A.   Very  frequently. 

Q.  State  whether  or  not  it  is  customary  in  theatres  to  keep  the 
passage-way  between  the  scenes  and  the  green-room  and  the  dress- 
ing-room clear. 

A.  Yes,  sir  :  that  is  a  point  of  excellence  in  a  stage-carpenter. 
If  he  keeps  a  clean  stage,  and  his  scenes  well  put  away,  the  pas- 
sages as  clear  as  possible,  we  look  upon  him  as  a  careful  man.  It 
depends  entu'ely  on  how  much  room  they  have,  however,  for  storing 
scenes. 

Q.  What  is  usually  the  width  of  the  passage-way  between  the 
scenes  and  those  rooms  ? 

A.  I  do  not  know  of  any  two  theatres  in  the  country  alike 
in  that  respect.  It  depends  entirely  on  the  construction  of  the 
building. 

Q.  Would  you  consider  three  and  a  half  feet  a  wide  or  a  narrow 
passage  ? 

A.   I  should  consider  it  rather  narrow. 

Q.  Would  it  or  not  be  more  necessary  to  keep  it  clear  if  the 
passage-way  were  narrow  ? 

A.    Decidedly  so. 

Q.    You  have  been  in  Ford's  Theatre  ? 

A.   Yes,  sir  :  I  have  been  in  the  theatre  ? 

Q.  You  know  about  the  height  of  the  second  tier  of  boxes  from 
the  stage  ? 

A.   Yes,  sir  :  I  do  from  general  observation  only. 

Q.  Would  you  consider  the  leap  from  the  second  tier  of  boxes 
to  the  stage  an  extraordinary  or  difficult  one  ? 

A.  From  my  present  recollection,  I  should  say  not  very  diffi- 
cult. 

Q.  State  what  box  the  President  was  in  the  habit  of  occupying 
when  he  attended  your  theatre. 


THE     TRIAL.  541 

A.  We  have  two  communicatino;  boxes  on  the  rio-ht-hand  side  of 
the  theatre  on  the  sta2;e  floor,  the  lower  floor  — 

Assistant  Judge  Advocate  Bingham.  We  do  not  care  any 
thing  about  inquiring  into  the  condition  of  Grover's  Theatre  here. 
It  is  only  a  waste  of  time. 

Mr.  Ewing.  More  time  is  wasted  by  objecting  to  it.  I  must 
insist  on  the  question. 

Assistant  Judge  Advocate  Bingham.  I  object  to  it  because 
it  has  nothing  to  do  with  the  issue.  We  have  introduced  no  evi- 
dence here  touching  any  transaction  in  Grrover's  Theatre.  It  is 
Ford's  Theatre  that  is  before  this  Court.  He  proposes  to  go  into  a 
minute  inquiry,  I  suppose,  of  all  about  Grrover's  Theatre,  and  how 
it  is  built,  how  its  stage  is  constructed,  its  scenes,  its  boxes,  its 
avenues  of  approach,  &c.  I  do  not  want  to  be  delayed  here  with 
any  such  inquiry.  I  do  not  care  any  thing  about  the  structure  of 
that  building. 

Mr.  Ewing.  I  wish  no  very  minute  inquiry  in  regard  to  Grov- 
er's Theatre ;  I  merely  wish  to  show  the  Court  that,  from  the  con- 
struction of  Ford's  Theatre,  it  would  be  easier  for  a  man  who 
sought  to  assassinate  the  President,  to  escape  after  having  com- 
mitted the  crime  than  it  would  be  to  escape  from  Grover's  Theatre, 
had  he  committed  the  crime  there.  The  purpose  of  it  is  very  plain, 
to  show  why  Ford's  Theatre  was  selected  by  Booth,  why  Ford's 
Theatre  is  spoken  of  as  having  been  the  one  where  Booth  intended 
to  capture  or  assassinate  the  President,  for  the  purpose  of  relieving 
the  employes  of  Ford's  Theatre,  and  Mr.  Spangler  among  them, 
from  the  imputation  which  naturally  arises  from  the  fact  that  Booth 
had  selected  that  theatre  as  the  one  at  which  he  intended  to  commit 
the  crime. 

Assistant  Judge  Advocate  Bingham.  It  is  very  apparent  that 
nobody  can  be  responsible  for  any  act  of  Booth,  unless  by  his  own 
voluntary  act  he  assented  to  it ;  and  the  introduction  of  proof, 
therefore,  about  Grover's  Theatre  can  neither  excuse  nor  tend  to 
excuse  any  man  connected  with  Ford's  Theatre  for  any  act  of  his ; 
and,  unless  we  prove  the  act  of  somebody  at  Ford's  Theatre,  they 
are  not  responsible  for  it,  of  course.  But  the  attempt  here  is  to 
prove  the  structure  of  Grover's  Theatre,  and  that  it  is  not  as  well 

VOL.   II.  46 


542  THE     TRIAL. 

adapted  to  assassination  as  Ford's  :  that  is  about  the  amount  of  it. 
I  do  not  want  to  be  delayed  here  with  any  inquiries  about  Grover's 
Theatre. 

The  President.  I  do  not  think  the  Court  need  vote  on  that  if 
the  Judge  Advocate  objects  to  it.  The  question  is  evidently  im- 
proper, and  the  Court  so  decides. 

Mr.  Ewixg.     I  ask  for  a  decision  by  the  Commission. 

The  Commission  sustained  the  objection. 


Henry  M.  James, 

a  witness  called  for  the  accused,  Edward  Spangler,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Ewing  : 

Q.  State  whether  you  are  acquainted  with  the  prisoner  Ed- 
ward Spangler. 

A.   Yes,  sir  :  I  have  been  for  a  short  time. 

Q.  Were  you  in  Ford's  Theatre  when  the  President  was  assas- 
sinated ? 

A.   I  was. 

Q.  State  your  position  and  the  position  of  Edward  Spangler,  if 
you  know  what  it  was,  at  that  time. 

A.  I  was  standing  ready  to  draw  off  the  flat,  and  Mr.  Spangler 
was  standing  right  opposite  to  me  on  the  stage,  at  the'  time  it  hap- 
pened. 

Q.    You  heard  the  shot  fired  ? 

A.   Yes,  sir. 

Q.  From  the  position  you  were  in,  you  could  not  then  see  the 
President's  box  ? 

A.  I  could  not.  There  was  a  flat  between  me  and  the  Presi- 
dent. 

Q.    From  the  position  Spangler  was  in,  could  he  see  it  ? 

A.   No,  sir. 

Q.  Could  he  see  the  front  part  of  the  stage  on  which  Booth 
jumped  ? 

A.  No,  sir.     He  was  standing  behind  the  scene. 


THE     TRIAL,  543 

Q.  On  which  side  of  the  centre  of  the  stage  ?  on  the  side  to- 
wards that  on  which  the  President's  box  was  ? 

A.   Mr.  Spangler  was  on  the  side  towards  the  President's  box. 

Q.  And  was  he  in  position  to  draw  off  the  flat  on  the  side  oppo- 
site to  you  ? 

A.   Yes,  sir :   he  was  standing  right  close  alongside  of  it. 

Q.    Did  you  see  any  one  standing  by  him  ? 

A.  I  did  not. 

Q.    When  the  shot  was  fired,  did  you  see  what  he  did  ? 

A.   I  did  not. 

Q.    Did  you  notice  whether  he  moved  away,  or  remained? 

A.   I  did  not. 

Q.    What  did  you  do  yourself? 

A.  I  hardly  know  what  I  did.  I  did  as  the  rest  of  them  did, 
looked  around.  I  was  excited  at  the  time.  I  did  not  go  any- 
where. I  just  staid  where  I  was  at,  standing  right  behind  the 
curtain. 

Q.    How  far  was  Spangler  from  you  ? 

A.  I  judge  he  was  about  ten  feet.  I  do  not  know  exactly  ;  but 
I  judge  about  that. 

Q.  Which  was  nearer  to  the  door  out  of  which  Booth  ran,  —  you, 
or  Spangler  ? 

A.   I  was  nearest  to  it,  I  judge. 

Q.    How  much  nearer  ? 

A.  I  cannot  say  :  there  was  but  very  little  difference. 

Q.    Did  you  see  anybody  near  Spangler  at  that  time  ? 

A.  I  did  not. 

Q.    Had  you  seen  him  previously  during  the  play  ? 

A.  I  had  often  seen  him,  every  time  there  was  any  thing  to  do 
there  :  I  did  not  notice  him  any  other  time,  only  when  the  scenes 
had  to  be  changed  I  saw  him  there  at  his  post. 

Q.  What  was  the  condition  of  the  passage-way  at  that  time  ?  was 
it  clear  ? 

A.   Yes,  sir  :  it  was  clear. 

Q.    How  should  it  have  been  ? 

A.  It  should  have  been  kept  clear  ;  that  was  our  place  to  keep 
it  clear ;  that  is  what  we  were  there  for. 


544  THE      TRIAL. 

Q.    Whose  business  was  it  particularly  to  see  that  it  was  clear? 

A.    It  was  mine  and  Spangler's  to  keep  the  passage  clear. 

Q.    Was  it  more  your  business  than  Spangler's  ? 

A.    It  was  more  Spangler's  business. 

Q.    Was  not  the  passage  on  your  side  ? 

A.   Yes,  sir. 

Q.    And  it  was  part  of  your  business  to  keep  it  clear? 

A.    It  was  part  of  my  business  to  keep  it  clear. 

Q.  Did  you  see  Spangler  when  the  President  entered  the 
theatre  ? 

A.  I  saw  him  standing  on  the  opposite  side  from  me  when  the 
President  entered. 

Q.  Did  you  see  him  at  the  time  the  applause  which  followed  the 
President's  entry  occurred  ? 

A.   I  did ;  and  he  applauded  with  them. 

Q.    How? 

A.  Loud,  with  his  hands  and  feet  both ;  clapped  his  hands  and 
stamped  his  feet ;  seemed  as  pleased  as  anybody  to  see  the  Presi- 
dent come  in. 

Q.  Did  you  see  any  thing  of  Jacob  Ritterspaugh  near  Spangler 
that  nisfht? 

A.  I  did  not.  He  might  have  been  there  behind  some  of  the 
scenes  :  I  did  not  notice  him. 

Q.    He  was  not  out  of  view  ? 

A.   No,  sir  :  not  at  the  time  it  happened. 

Q.    How  long  did  you  stay  where  you  were  after  it  happened  ? 

A.  I  do  not  recollect.  I  might  have  stood  there  half  a  minute, 
—  may  be  a  minute,  —  I  cannot  say,  in  the  excitement. 

Q.    Did  you  hear  Spangler  say  any  thing  at  that  time  ? 

A.   I  did  not :  I  did  not  see  Spangler  after  it  happened  at  all. 
Q.    Did  he  go  away  ? 

A.   I  do  not  know. 

By  Assistant  Judge  Advocate  Bingham  : 

Q.    Jacob  Ritterspaugh,  you  say,  might  have  been  there  behind 
the  scenes,  and  you  not  have  seen  him? 
A.    He  might  have  been. 


THE     TRIAL.  545 

Q.  He  was  employed  there  at  the  time  ? 

A.  Yes,  sir. 

Q.  It  was  his  business  to  be  there  ? 

A.  Yes,  sir. 

By  Mr.  Ewing  : 

Q.    His  business  to  be  where  ? 
A.   Behind  the  scenes. 

F.  H.  DOOLET, 

a  witness  called  for  the  accused,   George  A.  Atzerodt,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Doster  : 

Q.    What  is  your  business  ?  and  where  do  you  reside  ? 

A.  I  am  an  apothecary,  on  the  corner  of  Seventh  Street  and 
Louisiana  Avenue. 

Q.    State  whether  you  kept  for  sale  tooth-brushes. 

A.   I  did. 

Q.    And  licorice  ? 

A.  Yes,  sir. 

Q.  [  Exhibiting  to  the  witness  a  piece  of  licorice,  found  in  the 
room  of  the  Kirk  wood  House,  and  the  tooth-brush  found  at  the 
same  place.]  Look  at  the  trade-marks  on  these  articles,  and  see 
if  they  are  the  trade-marks  of  your  establishment. 

A.   They  are  not. 

Q.  You  are  positive  that  the  mark  on  each  of  them  is  not  your 
trade-mark  ? 

A.  Yes,  sir. 

Henry  L.  Mudd,  Jr., 

recalled  for  the  accused,  Samuel  A.  Mudd  :  — 

By  Mr.  Ewing  : 

Q.  In  your  cross-examination,  on  the  day  before  yesterday,  you 
stated  that  your  brother,  the  prisoner,  Samuel  A.  Mudd,  was  a  ten- 
ant of  your  father  :    I  wish  you  to  state  what  you  meant  by  that. 

A.  I  was  rather  confused  at  the  time  :  1  did  not  know  exactly 
what  I  meant  by  it.  I  suppose  that  to  be  a  tenant  means  that  a  man 
46* 


546  THE     TRIAL. 

must  pay  some  rent  or  other ;  and,  if  that  is  so,  he  is  not  a  tenant, 
for  he  has  never  paid  the  first  cent's  rent  for  the  farm  since  he  has 
been  on  it,  nor  any  part  of  the  produce  of  the  farm. 

Q.    How  do  you  know  that  ? 

A.  I  know  it  very  well :  I  kept  all  my  father's  accounts  for 
him. 

Q.  The  farm,  then,  was  treated  as  your  brother's  in  every  re- 
spect ? 

A.    Yes,  sir. 

By  Assistant  Judge  Advocate  Burnett  : 

Q,  The  land  belongs  to  your  father,  as  you  stated  before  ? 

A.  My  brother  had  no  deed  for  it  except  my  father's  word. 

Q.  The  land  belongs  to  your  father  ? 

A.  He  gave  his  word  to  my  brother. 

Q.  Did  you  or  not  state  before,  that  it  belonged  to  your  father  ? 

A.  I  suppose  he  could  not  levy  on  it  and  take  it. 

Q.  I  am  not  asking  you  for  your  supposition,  but  I  am  asking 
you  for  the  fact.     Does  the  land  belong  to  your  father,  or  not  ? 

A.  I  consider  that  it  belongs  to  my  brother. 

Q.  I  am  not  asking  for  your  consideration  :  what  is  the  fact? 

A.  It  belongs  to  my  brother. 

Q.  Has  he  any  title  to  it  ? 

A.  He  has  none  except  father's  word. 

Q.  Has  he  any  title  to  the  land  ? 

A.  He  has  no  title  or  deed. 

Q.  Who  has  the  title  or  deed  to  that  land  ? 

A.  My  father. 

Dr.  Chas.  W.  Davis, 

a  witness  called  for  the  accused,   David  E.  Herold,  being  duly 
sworn,  testified  as  follows  :  — 

By  Mr.  Stone. 

Q.  Where  do  you  reside  ? 

A.  In  this  city. 

Q.  Where  in  the  city  ? 

A.  Near  the  Navy  Yard. 


THE     TRIAL.  647 

Q.    Have  you  been  in  the  army  ? 

A.   Not  recently :  I  was  in  the  Mexican  war. 

Q.    A  surgeon  in  the  army  ? 

A.  No,  sir :  I  was  in  the  quartermaster's  department  on  Gen- 
eral Wool's  stajff. 

Q.    Do  you  know  the  prisoner  Herold  ? 

A.   Yes,  sir. 

Q.    How  long  have  you  known  him  ? 

A.   I  have  known  him  from  early  boyhood. 

Q.    How  near  do  you  live  to  him? 

A.   A.  good  part  of  the  time  next  door. 

Q.    State  to  the  Court  what  is  his  character. 

A.  I  do  not  know  that  I  can  state  it  in  better  terms  than  to  say 
that  he  is  a  boy. 

Q.  State  to  the  Court  whether,  from  your  knowledge  of  him, 
you  consider  him  more  of  a  boy  than  a  man. 

A.  I  do  :  I  consider  that  he  is  trifling,  and  always  has  been  all 
his  lifetime,  —  more  of  the  boy  and  very  little  of  the  man  about  hira. 

Q.    Easily  persuaded  or  led  ? 

A.   I  should  think  so  from  his  character  and  what  I  know  of  him. 

Q.  State  whether  he  is  or  is  not  an  exceedingly  light  and  trivial 
boy. 

A.  From  my  knowledge  of  him,  I  should  think  that  Nature  had 
not  endowed  him  with  as  much  intellect  as  the  generality  of  people 
have. 

Q.    How  long  have  you  lived  next  door  to  him  ? 

A.  I  have  not  been  living  next  door  to  him  for  the  last  eight  or 
ten  years. 

Q.    How  far  do  you  live  from  him  now  ? 

A.   Four  or  five  squares  off. 

Q.    You  see  him  frequently  ? 

A.  Frequently :  I  know  his  family  very  well,  and  have  always 
known  them. 

Q.  I  understand  your  testimony  to  be  that  you  have  known  him 
from  early  boyhood,  and  that  you  consider  his  character  light  and 
trivial  in  the  extreme  ? 

A.   Yes,  sir. 


548  THE     TRIAL. 

Q.    Do  you  know  about  what  his  age  is  ? 

A.  He  was  born  while  I  was  residing  in  Mexico  ;  that  is,  pre* 
vious  to  the  war.  I  had  resided  in  Mexico  previous  to  the  war.  I 
came  home  as  soon  as  ever  I  saw  the  war  comins:  on  ;  and  he  was  a 
child  then,  I  suppose  three  or  four  years  of  age.  They  were  living 
in  my  immediate  neighborhood  at  that  time.  I  should  think  his 
age  is  about  twenty-two  or  twenty-three,  something  thereabouts. 

Q.  Do  you  consider  him  now,  from  what  you  have  seen  of  him, 
more  of  a  boy  than  a  man,  —  more  of  boyish  traits  ? 

A.    Yes,  sir  :  that  is  my  opinion  of  him. 

Cross-examined  by  Assistant  Judge  Advocate  Bingham  : 

Q.  Herold  has  intellect  enough  to  know  that  it  is  a  great  crime 
to  do  murder,  or  conspire  to  do  murder,  has  he^  not  ? 

A.  He  undoubtedly,  I  think,  knows  the  diflference  between  right 
and  wrong. 

H.  Clay  Ford, 

a  witness  for  the  accused,  Edward  Spangler,  being  duly  sworn,  tes- 
tified as  follows  ;  — - 

By  Mr.  Ewinq  : 

Q.  State  what  business  you  were  engaged  in  on  the  14th  of 
April  last,  and  immediately  preceding. 

A.   Treasurer  at  Ford's  Theatre. 

Q.  State  when  it  was  first  known  there  that  the  President  was 
going  to  the  theatre  that  night. 

A.  It  was  first  known  to  me  about  half  after  eleven  o'clock.  I 
had  been  to  breakfast,  and  did  not  get  back  until  some  time  after 
the  President  had  engao-ed  the  box. 

Q.  State  whether  John  Wilkes  Booth,  was  at  the  theatre  after 
that  on  that  day  ;  and  if  so,  at  what  time. 

A.  He  was  there,  I  think,  about  twelve  o'clock  noon,  half  an 
hour  after  I  came  to  the  theatre  myself. 

Q.  State  whether  or  not  the  fact  that  the  President  was  going 
to  the  theatre  that  night  was  communicated  to.  Booth. 

A.  I  do  not  know.  I  think  very  likely  he  found  it  out  there. 
I  am  not  certain  whether  he  did  or  did  not.     I  did  not  tell  him. 


THE      TRIAL.  549 

It  might  have  been  told  there  at  the  time  that  the  President  was 
coming. 

Q.    Did  you  see  any  thing^  of  Booth  afterwards  on  that  day  ? 

A.   No,  sir  ;  not  until  the  evening. 

Q.    Did  you  see  him  as  you  were  going  to  the  theatre  that  day? 

A.  No,  sir :  I  saw  him  coming  down  the  street,  I  think,  while 
I  was  standing  in  the  door  of  the  theatre. 

Q.    State  what  he  did  then. 

A.  He  then  went  and  commenced  talking  to  the  parties  standing 
around.  Mr.  Raybold  went  into  the  house  and  brought  him  out  a 
letter  that  was  there  for  him  :  he  sat  down  on  the  steps  and  com- 
menced to  read  it. 

Q.    At  what  time  was  that  he  came  there  ? 

A.   About  twelve  o'clock,  noon. 

Q.    How  long  did  he  stay  ? 

A.  I  should  think  he  staid  about  half  an  hour  :  he  conversed 
a  while  there,  and  read  the  letter,  and  I  went  into  the  office  ;  and 
when  I  came  out  ag-ain  he  had  gone. 

Q.  State  what  you  know  about  the  preparation  of  the  theatre  for 
the  reception  of  the  President  at  that  time. 

A.  When  I  went  to  the  theatre,  my  brother,  James  R.,  told  me 
the  President  was  to  be  there  that  night,  and  I  told  Mr.  Raybold 
about  fixing  up  and  decorating  the  box  for  the  President  that  night. 
He  had  the  neuralgia  in  his  face,  and  T  fixed  it  up  in  his  place.  I 
went  up  there  and  found  two  flags  there  ready  to  be  put  up,  got 
Mr.  Raybold  to  help  me  put  up  those  two,  and  another  flag  came 
down  from  the  Treasury  Department.  I  went  up  there  and  put  up 
the  regimental  colors,  blue  flag  in  the  centre,  and  above  the  two 
American  flags.  I  had  part  of  the  furniture,  one  chair,  brought 
from  the  stage  and  put  in  the  box,  and  the  sofa  and  a  few  chairs 
out  of  the  reception-room,  and  the  rocking-chair  down  from  my 
sleeping-room  up  stairs,  next  door  to  the  theatre. 

Q.  Did  you  receive  any  suggestion  from  anybody  as  to  the 
preparation  of  the  box  ? 

A.  Only  from  Mr.  Raybold  and  the  gentleman  who  was  there 
at  the  time,  that  brought  the  third  flag  down  from  the  Treasury 
building,  and  helped  me  to  decorate  the  box. 


650  THE      TRIAL. 

.  Q.    What  Lad  Spangler  to  do  with  the  decoration  of  the  box  ? 

A.  He  took  the  partition  out  of  the  box  :  there  are  two  boxes, 
and  taking  out  the  partition  makes  them  one. 

Q.  Was  it  usual  to  remove  that  partition  upon  any  such  occa- 
sion ? 

A.  Yes,  sir :  we  always  removed  it  when  the  President  came 
there. 

Q.    You  had  removed  it  when  the  President  attended  the  theatre  ? 

A.  Yes,  sir.  Spangler  and  the  other  carpenter,  Jake,  removed 
it,  I  believe. 

Q.  How  many  times  had  the  President  been  at  your  theatre 
during  the  spring  and  winter  ? 

A.  I  do  not  know.  I  suppose  about  six  times  during  spring 
and  winter.  He  was  there  three  or  four  times  during  Mr.  FoiTest's 
ensao-ement,  and  twice  durins;  Mr.  Clarke's  ensraojement.  Those 
are  the  only  times  I  remember. 

Q.    How  did  Spangler  come  to  the  box  ?     Was  he  sent  for  ? 

A.  I  suppose  Mr.  Raybold  sent  for  him.  I  did  not  speak  to 
him  about  taking  out  the  partition  from  the  box.  I  do  not  know 
myself. 

Q.  Was  Spangler  in  the  box  during  the  time  you  were  there 
decorating  it  ? 

A.   No,  sir.     Spangler  was  on  the  stage  at  that  time. 

Q.    What  was  he  doing  ? 

A.  He  was  working  on  the  stage.  I  think  he  had  a  pair  of 
flats  lying  down  on  the  surface  of  the  stage,  fixing  them  in  some 
way.  I  called  for  a  hammer  and  nails,  and  he  threw  up  to  me 
two  or  three  naUs,  and  handed  me  the  hammer  up  from  the  stage. 

Q  Do  you  know  whether  he  was  apprised  of  the  fact  that  the 
President  was  coming,  or  not  ? 

A.  Oh,  yes,  sir  I  he  knew  the  President  was  coming,  because  he 
was  taking  out  the  partition. 

Q.  Do  you  know  whether  there  was  any  pen-knife  used  in  the 
decoration  of  the  President's  box,  and  what  became  of  the  pen- 
knife ? 

A.  I  used  the  pen-knife  in  cutting  the  strings  to  tie  up  the  flags 
and  the  picture  of  Washington,  and  left  it  there  in  the  box. 


THE     TRIAL.  551 

Q.    You  left  it  there  ? 

A.   Yes,  sir, 

Q.    Did  you  forget  it  ? 

A.   Yes,  sir  :  I  forgot  it. 

Q.    Had  the  picture  of  Washington  been  there  before  ? 

A.   No,  sir. 

Q.  Why  was  the  chair  that  was  there  brought  from  your  sleep- 
ino:-room  to  the  President's  box  ? 

A.  Only  because  putting  the  other  furniture  in,  I  put  the  chair 
in  with  it,  the  chair  belonging  to  the  same  set.  The  chair  was  in 
the  reception-room  in  the  first  place,  and  the  ushers  going  in  there 
and  sitting  in  it  greased  it  with  their  hair,  and  we  had  to  remove  it 
up  to  our  room,  being  a  very  nice  chair.  We  put  the  red  furniture 
in  the  box  that  day,  and  we  put  in  the  chair  because  it  belonged  to 
that  set, —  that  was  the  only  reason  for  putting  it  in, —  so  as  to 
make  the  box  look  as  neat  as  possible, 

Q.  Do  you  know  whether  Booth  was  in  the  habit  of  engaging 
any  of  the  bores  ? 

A.   Yes,  sir. 

Q,    What  box  was  he  in  the  habit  of  engaging? 

A.  The  one  he  always  engaged,  when  he  engaged  any,  was  box 
No.  7,  on  the  right  hand  side  of  the  theatre,  the  one  nearest  the 
audience  :  it  is  a  part  of  the  President's  box  when  the  partition  is 
taken  out. 

Q.    It  was  one  of  the  boxes  that  the  President  occupied  ? 

A.   Yes,  sir. 

Q,  How  often  did  he  occupy  that  box,  during  the  season,  before 
the  assassination  ? 

A.  He  secured  the  box  three  or  four  times ;  I  do  not  know 
whether  he  ever  occupied  it  or  not ;  I  never  saw  him  in  the  box. 
He  spoke  to  me  of  bringing  some  ladies,  and  sometimes  he  would 
use  the  box,  and  sometimes  he  would  not. 

Q.    Did  he  ever  occupy  any  other  box  ? 

A.   Not  to  my  knowledge. 

Q.  Do  you  know  whether  Booth's  spur  caught,  as  he  leaped 
from  the  box,  in  any  thing  ?  if  so,  in  what  ? 

A.  I  have  heard  that  it  was  caught  in  the  flag ;  but  I  do  not 
know. 


552  THE     TRIAL. 

Q.    In  what  flag  ? 

A.  I  understood  that  it  was  the  Hue  flag  in  the  centre.  I 
always  understood  so  :  I  do  not  know  it. 

Q.    Who  put  the  flag  on  there  ? 

A.   I  placed  the  flag  there. 

Q.    That  afternoon  ? 

A.   Yes,  sir. 

Q.    Where  did  you  get  that  flag  ? 

A.  It  came  from  the  Treasury  Building, —  the  Treasury  Regi- 
ment Flag. 

Q.  Was  there  any  thing  special  or  unusual  in  the  arrangement 
of  that  box  ?  and  if  so,  what  ? 

A.  The  picture  had  never  been  placed  in  front  of  the  box  before. 
We  mostly  always  used  small  flags  ;  but  on  this  occasion,  as  General 
Grant  was  expected  to  come  with  the  President  that  day,  we  bor- 
rowed these  flags  from  the  Treasury  Regiment  to  decorate  it  with. 

Q.  State  where  you  were  during  the  play  of  the  "  American 
Cousin,"  preceding  the  assassination. 

A.   I  was  in  the  ticket-office  of  the  theatre. 

Q.    Were  you  out  on  the  pavement  at  all? 

A.  I  may  have  been  out  on  the  pavement :  I  do  not  remember 
being  there.  I  suppose  I  passed  in  and  out  there  two  or  three 
times. 

Q.  Did  you  see  any  thing  of  the  prisoner,  Edward  Spangler,  in 
front  of  the  theatre  during  the  play  ? 

A.    No,  sir. 

Q.    Did  you  ever  see  him  wear  a  mustache  ? 

A.  No,  sir. 

END   OF   VOL.   II. 


